I : LIBRARY OF CONGRESS, i 



[FORCE COLLECTION.] | 



i UNITED STATES OF AMERICA. f 



,m*jm 



0? 

Mr. BURGES, of Rhode Island, 

ON THE MOTION TO STRIKE FROM 



THE GENERAL APPROPRIATION BILL 



THE SALAIIY APPROPRIATED FOS TSE 



MINISTER TO RUSSIA. 



Delivered in the House of Representatives f February 3, 1831. 




rairiTEi) bt gales £tf siatos 



1831. 



o 
fc SPEECH. 



House op Representatives, February 3, 1831. 

The General Appropriation Bill being under consider- 
ation, and the question, to strike out the appropriation for 
:he Salary of the Minister to Russia, Mr. BURGES, of 
Rhode Island, addressed the House as follows : 

Mr. Speaker: Permit me to justify myself, under all 
which has been said, both against me, and against what- 
ever has been advanced by me in support of the motion 
made by the gentleman from Ohio. With the indulgence 
of the House, it may be well to look back to the ques- 
tion made by this motion ^ for, gentlemen in their zeal to 
eulogize the Minister, or to abuse those who doubt the 
correctaess of his appointment, have departed almost en- 
tirely from the matter in issue before us. 

The objection to this appropriation, and the motion to 
strike it from this bill, have been made, because it is pro- 
posed for payment of a salary to a foreign Minister, 
who, by his commission of Legation, or by certain secret 
articles given to him, is authorized to leave the Court to 
which he is sent, to go to any other country, whenever, in 
his own opinion, his health may require it ; and not tore- 
ium to that Court so long as,according to the same opinion, < 
it may be injurious to his health to do so. We deny sucli 
mission to be a legal one ; we deny that the salary pro- 
vided by law for foreign Ministers, is, or ever can be due 
to any man sent abroad under such credentials ; with sueh 
privileges reserved, and such powers granted to him, not 
to the public, but to his own use. The objection to this 
appropriation has, therefore, not been made because the 
gentleman was, when sent abroad, and had long been, a 
valetudinarian ; or because, if then in health, that health, 
exhausted by the toils of diplomacy, might require re- 
freshment by relaxation and relief from public service . 



4 

No, sir; nor because that refreshment might not be found 
unless under a milder sky, and by removing 1 to a more 
genial climate than that of" Russia. Such things may ex- 
cite, as they certainly have excited, the special wonder of 
the Nation ; and they are, and will be very proper topics 
of debate, when considering the *' state purposes" of 
this mission ; but they have not been, nor will they be 
made the grounds of objection to the appropriation of 
this item in the bill. 

We object to this salary on account of the illegality of 
this Mission, and because the Secretary of State, knowing 
the enfeebled health of Mr. Randolph — knowing his in- 
ability to attend to the laborious details of that public 
service — knowing that his constitution could not endure 
either the winter or summer climate of Russia, did invent 
this mission, and did advise the President to send out this 
gentleman with credentials as Envoy Extraordinary and 
Minister Plenipotentiary of the United States at the 
Court of his Imperial Majesty the Emperor of Russia - 9 
and at the same time to give him a commission, no mat- 
ter for what cause, to reside us such Minister, in whatever 
country he might choose to reside. Such a mission can- 
not be formed — such a Minister cannot be sent abroad, 
either under our laws or our constitution, or under the 
usages and laws of Nations. I ask the attention of the 
House, therefore, to the enquiry, whether this salary can 
be due for an illesal and void Mission ? whether it can be 
due as a quantum meruit, or as a pro rata compensation 
for the services which were rendered at the Court of Rus- 
sia ; or, last of all t whether it can be due, because this 
mission may subserve certain pm-posesju'ghly useful to the 
Secretary of State ? Before these enquiries can, to the 
best purpose, be made, it is proper to give some reply to 
what has been offered by several gentlemen against this 
motion These gentlemen have said less to support this 
appropriation, than to impugn the motives of those who 
oppose it. With my motives the gentlemen are welcome 
to amuse themselves. The -storm of their abuse past over 
me, as the winter storms of my native New England have 
often passed over the humble dwelling of my boyhood, 
without shaking a stone from the chimney, or starting a 
shingle on the roof. 1 have too much respect for myself 
to believe that they have abused me from the wantonness 
of malice, but do believe it was done simply because they 
could find nothing to say more appropriate to the ques- 
tion. 

This motion has been made to protect the rights of the 
Nation against the encroachments of power. Those who 



?esistsuc'n encroachments and assaults of power, must al- 
ways expect to encounter vociferous, if not infuriated ad- 
versaries. I have not entered this warfare without "count- 
ing the cost." A school of high authority taught me that, 
sn a war of aggression, " He who takes the sword shall 
perish by the sword" — but in a war of defence " let him 
who has no sword sell his coat and buy one." 

How then has our defence been met and answered ? 
How by the gentleman from Virginia ? [Mr. Barbour.] 
First of all, I am accused of objecting to this appropria- 
tion, because it is for the use of a Virginian. In this the 
gentleman is utterly mistaken. I informed him of this 
error in a few moments after he had taken his seat. He 
has, notwithstanding, chosen to put this error in print. 
Suffer me, sir, in my place, and before this House, to 
protest against this procedure. The gentlemen who 
heard me then, and who do me the honor to hear me 
now, I call to witness, that I said no such thing ; and I 
should have nothing to regret, could my protestation be 
made the printed companion of the gentleman's allega- 
tion against me , and travel side by side with it under 
the eye of the nation. This, I know, cannot be done ; 
and I must suffer the imputation, wherever his speech is 
read, without my correction of its errors. Be it so ; but 
I believe there is too much good sense, and too much 
moral sentiment in Virginia, to set down one of their fel- 
low men as quite so stupid, or quite so malevolent. 

The gentleman alleges that I considered this mission 
as a bribe offered to Virginia. This might have been said 
by me, because I believed it to be true. If said, was it 
said, or could it be intended, in derogation of Virginia ? 
Is Virginia dishonored by this attempt of the wily Secre- 
tary ? I did not, and no man will intimate that JVirginia 
had even looked with a favorable eye on this bribe, this 
splendid bestowment. Not those who hear, but those 
who listen to the song of the syren, and are allured by 
the enchantment, become debased by the temptation. 
Sir, temptations are spread over the whole path of our 
lives, from the cradle to the grave. The enticements of 
pleasure beset otr youth; the toils of ambition are spread 
for our vigorous manhood ; and in old age, the honest 
amor habendi,v/hen all other loves are frozen in the heart, 
allures the dim eye to gaze at, and the surd ear to listen 
to, the glittering beauties and golden melodies of avarice. 
Are we dishonored, because in the language of Sir Wm. 
Jones, " vice is permitted to spread her snares around 
us, that the triumph of virtue may be more conspicuous?" 
The ermine of the judge is not tarnished because some 
1* 



6 

unprincipled "litigant has craftily proffered a bribe to ih& 
court. The name of the insulted Lncretia has arrived to 
us after a journey of more than 2000 years. Is it soiled 
by time, or by the breath of any one of the millions of 
millions who have pronounced it ? That name, sir, like 
the Alps of her own Italy, whose tops nearest to heaven, 
are covered with eternal snow, is the monument of im- 
perishable purity — while the name ot the treacherous 
and cowardly Tarquin, scarred with infamy, will be, as 
it has been, throng! lout all time, the name of whatever 
is most vile and odious. Sir, A *ginia is not dishonored; 
the tempter, and nat the tempted, will suffer the infamy 
of the deed. 

The gentleman from Virginia [Mr. Barbour] would 
overthrow our objections to this appropriation by eulo- 
gizing the man sent on the Mission. He alludes to the 
monuments of Mr. Randolph's fame : and lest men 
might call on him to shew where they are, he has placed 
them in the hearts of his countrymen, where no being 
but " the searcher of lvearts" could discover their exist- 
ence. What indications has Virginia given that those monu- 
ments are where the gentleman has located them ? He 
has long been a Representative in Congress from that 
State. This is something in his favor - r but from a State 
so long separated into districts, it is not conclusive. It 
is confined to his constituents, and only proves, what the 
gentleman himself has often asserted on this floor, "that 
never had man such constituents." He represented 
the whole State in the Senate— true ; but this was 
for the fragment only of a term. Why was he not 
re-appointed ? The interests, the honor, and high dig- 
nity of Virginia had been placed under his guardianship- 
How did lie perform the offices created by these trusts ? 
His conduct as a Senator from Virginia was brought be- 
fore the Legislature of that State, on a question concern. 
ing his re-appointment. In this great Areopagus, than 
which none is more dignified, each judge, it he had a 
monument of this man in his heart or his house, read 
the inscription upon it. On what was he tried ? Not on 
nis political creed— he did not suffer, as the best of men 
have, for heresy. His faith was, for every purpose bene- 
ficial to himself, sound ; his works alone were brought 
into question. On this question a deep and interesting 
debate arose. The gentleman may have been present 
and heard it ; or if not, as it was published, he must 
have read it. It belonged to Virginia, and was a part of 
her great commonwealth concern ; nor would I have 
brought this wholesome example of family discipline be- 



tore the nation* had not the eulogist of this froward son 
of Virginia told us, that the monuments of his exploits 
were in the hearts of his countrymen. Does this debate, 
or the result of it, confirm the gentleman** assertion ? 
He was weighed ; and " mene mene tekel upharsin" was 
written on all his monuments. He was rejected, and a 
distinguished Virginian was chosen to represent that State 
in the Senate, and restore her ancient honor and dignity 
in the councils of the nation. 

I ask again, where are the monuments of this man's 
glory ? Has he improved his native state in the great arts 
of civil life ? In agriculture, his own peculiar vocation ? 
It has never been said of him. Have manufactures been 
festered by his encouragement ? Sir, the very name is 
odious to him. The sheep, the most innocent of all ani- 
mals, and supplying by its wool the material for perhaps 
our most useful manufacture — the sheep is so hateful to 
him, that, with all the poetry of the golden age in his 
blood, this gentleman has said " 1 would go twenty rods 
out of my way to kick a sheep." Commerce has been as 
little encouraged by him as either of her sister arts in our 
family of national industry. He is one of a class of men, 
now grown quite small in our country, who despise traffic 
and traders; and would have considered Cosmo de Me- 
dicis, the princely merchant and founder of Florence, as 
no better than a tin pedlar. He is literary, moral, I trust 
pious ; but what has he done to advance learning, mora- 
lity, or religion ? In this House, where he so long had a 
seat, where are the fruits of his sage councils ; the laws 
originated, or sustained by his eloquence; and which 
will carry his name to posterity as a patriot statesman ? 
When the gentleman shall point to these monuments, 
and shew them to belong to Mr. Randolph, he may real- 
ize a fame somewhat less fugitive and perishable than 
mere words. 

The gentleman from Virginia (Mr. Barbouii) would 
carry my opposition to this salary to mere political ac- 
count ; and says I am opposed to it because Mr. Randolph 
overthrew the fabric of federal power. Be it so ; let 
the man enjoy the entire fame of all the benefit, and all 
the mischief he has done. I had no share in that power 
which every citizen did not equally enjoy. It gave me 
no honor, no emolument. I do not believe, and I think 
thousands who aided in its overthrow, do not now be- 
lieve, that any structure, since that time erected on its 
ruins, has given a holier sanctuary to the Constitution, or 
a more secure shelter to the rights and liberties of the 
people. If this giant partizan did overthrow that fabric, 



he could not bury under its ruins the great principles of 
the revolution, *' Union and Independence ;" the songs 
of my cradle, the political creed of every hour of mylifei 
and not sooner to be forgotton than the sainted bosom 
which nourished my infancy. 

What did this man build, what could he build, in its 
place ? Sir, when day light first dawned on the world af- 
ter this event, John Randolph sat, in the glimpses of 
morning, like the genius of the earthquake, amidst the 
ruins of some splendid city, without the power, or the 
will to move a single stone to rear a new edifice. Nay, 
sir, when the statesmen of those times, forgetting the 
storm of party, set themselves in earnest to rebuilding, 
this man of monuments resisted their labors. Little does 
the gentleman know me, if he believes I feel anger at the 
labors, or envy at the fame, of the man whom he has eu- 
logized. He will be remembered, when much better 
Virginians, and perhaps the gentleman himself, may be 
forgotten ; but he will be remembered as the years of 
mildew and blight and famine are remembered, when 
those of plenty and prosperity are forgotten. He may 
live in story ; but not, like Washington, "in the hearts of 
his countrymen." 

I should have said no more of the Secretary of Lega- 
tion, had not the gentleman transmuted his confirmation 
by the Senate into the Roman ceremonial of bestowing 
the Toga Virillis. This toga, this gown, was, in the open 
forum, given annually by all the Romans to all their boys, 
who had, during the year,arrived to the age of seventeen 
years. By this classical allusion, I presume the gentle- 
man intends to assure us, that Mr. Randolph's Secretary 
of Legation has fully arrived at that interesting period of 
his life. I had asserted he was twenty-one, but I willing- 
ly admit the gentleman's correction. 

The other gentleman from Virginia (Mr. Coke) has re- 
inforced his colleague. Will these gentlemen never 
have done with misstating me ? Have I reproached Vir- 
ginia ? Never, sir ; never. When speaking of any one 
of her citizens here, I have spoken of him as an American 
citizen. When speaking of that State, I have, on this 
floor, and elsewhere, spoken of her as one which poured 
her whole Spartan soul into the Revolution, which sent 
to the field of conflict a band of patriot warriors, " who 
have filled the world with their and our glory ;" and 
which, to secure the benefits, in addition to the triumphs 
of victory, relinquished her territorial claims to an em- 
pire, prefering to State sectional interest the more glorious 
objects of Union and Independence, I reproach Virginia ! 



is it not the birth place, is it not the burial place, of 
Washington ? Sir, who can reproach that most fortu- 
nate, most consecrated region, or even suppose the enor- 
mity possible, "and hope to be forgiven !" 

I'have, as the gentleman says, abused the President, 
and his Machiavelian policy. I have spoken of the Presi- 
dent as of the first dignitary of the nation, and in no 
terms of disrespect. 1 have alleged, that, like monarchs 
in the old world, he has been advised by ministers; and 
under that advisement, has permitted those ministers to 
furnish, in his name, his annual message to Congress. 
"Will the gentleman pledge his literary reputation, upon 
a denial of this allegation? I have said the President has 
been miscounselled; has suffered his confidence to be 
abused by an artful Minister; and that, too, in this very 
appointment. I put it to the gentleman, upon his con- 
science, to say, whether he believes this question could 
have come up, in this House, if Mr. Tazewell had been 
Secretary of State? 

Of the Secretary of State I have spoken, and will speak, 
as I believe he merits. He is a power constitutionally 
connected with the Executive ; but now, like the para- 
site plant under shelter of the oak, it has crept, and 
clasped, and wound itself around the trunk, spire above 
spire, until it overtops the loftiest branch of the mag- 
nificent tree. The leaves of the ivy will soon conceal 
those ot the oak ; and, unless the insidious plant be re- 
moved, render it a sapless trunk. 

The gentleman recommends to us charity, Christian 
charity. Where does he learn, that the delinquencies of 
Rulers are to be visited only in charity ? While the 
Messenger of divine charity wept over the coming ruin 
of his nation, did he not severely rebuke those Rulers, 
that generation of vipers, stinging and poisoning that 
nation, and hastening on that destruction. 

Sir, we are charitable. The people have looked on in 
charity. Charity has done her utmost. Her " mantle 
lias covered a multitude of sins 5" but the brood has mul- 
tiplied, and increased in size, and outgrown the covering. 

This gentleman unites with his colleague, in eulogizing 
Virginia. It is all supererogation. History has done 
it justice. The lofty-minded matron, we knew, thought 
well of herself; but no one deemed her quite so proud 
as the gentleman has announced her to us. In wielding 
the broom, or scolding her household, she may well 
scorn Neptune's trident, and Jove's power to thunder, 
as the gentleman says she does ; and some of her chil- 
dren hsve given U9 fair samples of the family lectures. 



* 



10 

The gentleman from Georgia, (Mr. Wayne,) has 
come forward to support this "State Mission." To sup 
port, do I say ? His effort seems rather suited to rebuke 
me and those engaged with me in support of this mo- 
tion, into utter silence. Nor would he silence us only, 
but stop the public press. Silence this House! — silence 
the public press ! what more can be required for the es- 
tablishment of a despotism over national opinion. 

The gentleman has advanced an argument on the 
question. It is drawn from analogy. He will permit me to 
say, that such arguments are of all others the least con- 
clusive. Founded on the resemblance of things, they 
have all the uncertainty of their foundation. He who 
should affirm, that all human forms are alike, would af- 
firm the truth ; but what conclusion could he draw from 
it f For he who should affirm that all human forms are 
different, would equally affirm the truth. The gentle- 
man affirms, that we ought to make this appropriation to 
pay this salary, notwithstanding Mr. Randolph, by per- 
mission of the Executive, left the Court of Russia a few 
days after his arrival there, and has not returned, or may 
not return to that Court again. He alleges this, because 
the Members of Congress are paid, notwithstanding they 
may be taken sick, either on their journey hither,or while 
here, or on their return home. It is true; but the analogy 
between the cases extends no farther. Suppose a case just 
like Mr. Randolph : suppose a Member of this House 
arrive here, is here taken sick ; and on leave of absence 
departs from this City for Charleston, Savannah, or New 
Orleans, to regain his health, and does not return during 
the session; would he receive his pay? Could he receiveit? 
I regret the gentleman thought it proper to say that w r e, 
in support of the motion, had used falsehood ; " a thing 
equally dishonorable in argument, with the use of em- 
poisoned weapons in war." I regret this, because I had 
expected from him nothing but what was fair in debate ; 
and pure,classical, and urbane in language. This expecta- 
tion had been sustained by my own attention to the gen- 
tleman's demeanor in this House ; but it had been raised 
by the report of him made to me by one in the relations 
of friendship to him, and than whom no man on earth is 
dearer to me. Will the gentleman do himself the justice 
to mark and point out the items of falsehood set down 
and used by us in our account of objections to this ap- 
propriation ? 

All these gentlemen agree in the argument against 
this motion, drawn from the incompetency of this House 
to question this appropriation. The President and Se- 



11 

mate, to whom the Constitution has confided our foreign 
relations, have, they tell us, established this Legation ; 
and this House cannot, as they affirm, refuse this appro- 
priation in support of it. Are we placed by the People 
as the constitutional keepers of the public treasure, and 
yet bound to follow every Executive call for their money? 
Is it our whole fiscal duty to obey orders, and grant sub- 
sidies ? Does not deliberation, and debate, and discre- 
tion, belong to this House ? We can grant, and every 
power which can grant is, by its very nature, endowed 
with the power of refusal. Sir, our power to refuse ap- 
propriations is the constitutional check placed in our 
hands not to stop but to regulate, the movements of the 
Executive. Without this power and its discreet and 
diligent use, the nation would be at the disposal of the 
President and Cabinet Council. 

Sir, this mission may be regarded as the commence- 
ment of 'a system of sinecure appointments, of salaries 
without services. Sent to one Court, where he did no- 
thing ; and, in the exercise of his powers, gone to ano- 
ther, where he can do nothing, what service is required, 
or was, or could be expected from him ? When he shall 
return next June, what will he have done ? His most 
zealous friends must say, NOTHING. If, then, he re- 
ceive this salary, he will receive it without service of any 
kind rendered to the nation for it. The Secretary does 
avow, in the Message, that the " power to leave the Rus- 
sian Court for the advantage of a more genial climate, 
was given to Mr. Randolph in consideration of the extent 
to which his constitution had been impaired in the public 
service." What were those services ? The duties of a 
member of this House or of the Senate, and for which he 
received his legal compensation, like every other mem- 
ber. Was '■ his constitution impaired" by these services? 
Were not the constitutions of others impaired, and even 
their lives consumed, in like services ? Is this gentleman 
alone selected for a place where he may, " in considera- 
tion of the extent to which his constitution has been im- 
paired by those services," receive in one year the sum of 
$ 18,000 ? This, sir, is the FIRST PENSION for CIVIL 
SERVICE on our records. How many hearts of revolu- 
tionary soldiers would this have made glad ? Into how 
many abodes of desolation and widowhood it might have 
carried the light of joy, and brought on you the blessings 
of how many now ready to perish ? Such a system of 
sinecure appointment and civil penaionage may be extend- 
ed alike to the Courts of all civilized nations, and to the 
hordes of Nomade barbarians, requiring noresidence, ei- 



12 

ther near the palaces or tents of the foreign power ; the 
formality of a visit and a presentation may soon be omit- 
ted, and the Envoy Extraordinary and Minister Plenipo- 
tentiary will, •*■ in consideration of his public services," 
be permitted to receive his outfit and salary, while he 
continues to reside on his plantation. 

"What a scheme of speculation does this system open to 
the crafty and unprincipled, to men always at market ei- 
ther to sell themselves or to buy others ! By this, unsta- 
ble politicians of every variety of creed may be kept to 
the true faith. By this, tempest-beaten partisans, ship- 
wrecked in principle and fortune, may be towed into port, 
and laid up and preserved for future use. Establish this 
system, sir, and add to it a Government Treasury Bank, 
and the Secretary might buy into the Presidency with 
your own money; nor, likejthat Roman who bought the 
Imperial Purple at auction, be obliged to lay down his 
own gold and silver for the purchase. Shall we, sir, 
through any fear of transcending our jurisdiction, give 
our sanction to such a system ? A bolder stand than is 
now required was taken 16 years ago, on this floor, by an 
honorable member, now high in office, and presiding 
over the deliberations of the other House of Congress. 
*I will,' said he, 'vote no appropriation for the Navy until 
the Secretary of that Department is removed." What 
was the result ? The Secretary was removed ; and the 
naval branch of the service did receive, as it always has 
received, his cordial and efficient support. In 1795, 
when the appropriation was under consideration for car- 
rying into effect the second treaty with Great Britain, 
Mr Gallatin declared, in this House, that a treaty had no 
binding force as a law of the land until such appropria- 
tions were made ; and that this House, holding the power 
to control such appropriations, held the constitutional 
power of rejecting treaties. Mr. Madison contended 
that this House had the right to judge concerning the ex- 
pediency of treaties; and, as they might decide that ques- 
tion, to grant or refuse appropriations for carrying them 
into effect. This case does not require the aid of these 
doctrines : for public faith will not be touched in our fo- 
reign relations if Mr. Randolph should not receive a sala- 
ry for residing in England as Minister at Russia. Has the 
gentleman from Virginia (Mr. J. S. Bariiour) forgotten 
that the motion to strike out the enacting clause of the 
bill appropriating salaries for the Panama Mission was 
sustained by sixty-one members of this House, and that 
he himself, with nine of his colleagues, voted for it ? 
Will gentlemen still contend for their own incompetency 



13 

\o question this appropriation ? Sir, we are, by the Con- 
stitution, vested with a high competency and discretion 
•on these important matters ; and to these constitutional 
attributes of this House has this motion been addressed. 

It is humiliating, but I must reply to the gentleman 
from New York. For myself, I would let him pass. It 
is a kind of Domitian amusement, this killing flies with 
a bodkin. Gladly would I say, with the commiseration 
of Uncle Toby, to the little buzzing inconvenience, 
(when I have him in my hand,)" Go, poor insect, go ,- 
the world is surely wide enough for thee and me." 

I have some apology for giving some attention to the 
speech of the gentleman from New York. The place, 
however it may be filled, does give a kind of character 
to what is said or done in it. No matter how utterly in- 
considerable, or even contemptible a person may be, 
whenever a constitutional portion ©f the people has 
placed him at one of these desks, replying to what he 
may have said, though it may not be very creditable, yet 
must be excusable, in any Member of this House. The 
Romans were wont to place a wooden image in their gar- 
dens, as the special protector of the place ; and Horace 
has related to us the soliloquy of one of these Roman dei- 
ties, wherein he gives some account of his own apotheosis: 
" I was," said the Uriapus, "a useless log, until the car- 
penter took me in hand : but he has now worked me up 
into a god .'" The people of New York can surely turn 
out as good work as the Roman carpenter. 

We are by this learned and hon. gentleman reproach- 
ed for a want of magnanimity ; and are told that no ob- 
jection, for any such cause, was made by him and his 
party to any appropriation. The true difference be- 
tween his and our efforts will be found in this : we labor 
to save money from illegal and useless appropriation ; he 
labored to abuse those who had, in pursuance of legal 
and useful appropriation, honestly paid it away. 

What were the doings of this magnanimous gentleman 
in a committee of which he was a remarkable member ? 
Here is the record-book of that committee. I have se- 
lected, as an ordinary sample of this gentleman's labors 
of retrenchment, four cases, and will trouble the House 
with a few quotations, and a few remarks upon them. 

On the 25th April, 1828, the Committee being in ses- 
sion — 

" The Chairman then stated to the Committee, that he 

felt it is duty to mention, that a citizen now a resident of 

this District, had inquired of him whether, in any of the 

accounts of the contingent expenses of the Government, 

2 



14 

the United States were debited with the sum of five 
thousand five hundred dollars, paid to the late Daniel P. 
Cook, late Representative in Congress, from the State of 
Illinois, for certain diplomatic services, upon which Mr. 
Cook was supposed to have been sent abroad during the 
last summer." 

" The Chairman stated that he did not feel at liberty to 
communicate the name of h«s informant, but in regard to 
the purport of the communication he felt no such re- 
serve, and it was for the Committee to make such order 
on the statement as they might deem proper. 

««It was, on motion ot Mr. Oambreleng, 

Resolved, That the Committee-consider the commun- 

nication." 

Sir, this Committee, under this resolution, sent for 
witnesses: honorable members of both Houses and the 
Postmaster-General were called before them. Why not 
call for the man himself, lor Daniel P. Cook, against 
whom this anonymous information had been made? He 
was dead. The man at whom the gentleman from New 
York magnanimously aiming his arrow, slept quietly in 
the green bosom of his own beloved Illinois. The voice 
of the nameless informer, embodied by the resolution of 
the gentleman, though it might pollute every threshold, 
and violate the harmony of every house in the nation, 
could not reach the sanctuary, or interrupt the repose of 
the tomb, j Permit me to speak a word concerning Daniel 
P. Cook ; because every man who hears me did not 
know him as many of us did who sat in this House with 
him. He was a man whom the gentleman from New 
York would probably not call a genius; but his mind was 
of that cast and capacity in the transaction of human af- 
fairs, to which every man would wish to commit the ma- 
nagement of his own. His sense was that of the every 
day intercourse of men; and would pass, like the most 
precious, or most useful metals, wherever such a com- 
modity could be in- request. A man, in Whatever may 
be required of manhood; a child in all that singleness of 
heart and purity -of-purpose, which render childhood so 
amiable. With those who knew him well, he" 4iad so 
fixed himself in their hearts, that though they might 
wish to forget the pain of their lots, they can- never cease 
to remember his useful public labor6,and many endearing 
social qualities. -- « 

Our relations with Cuba have long been interesting 
and important. Gentlemen will call to Wilnd that we 
have frequently heard from Europe, that Cuba might be 
transferred from Spain to some other sovereignty. Such 



15 

a. report was rife in this country in the winter of 1825-7. 
Xt was believed by friends of the last administration, that 
a confidential Agent was by Mr. Adams sent to Cuba, to 
ascertain, if possible, the truth of this report ; and that 
Daniel P. Cook was that Agent. He had, it was be- 
lieved, been paid out of that fund which Congress has 
ever since the foundation of the Government, annually 
or otherwise appropriated, and placed in the hands of the 
President, for the compensation of confidential services. 
All this may be known to the gentleman from New York 
now,- and had there been fraud in the transaction, we 
should have heard it on this occasion, called at his mouth, 
by its harshest English name. 

The gentleman might have known the whole affair at 
that time. This appears from the following letter from 
Mr. Clay, then Secretary of State : 

Department of State, 
■v . . Washington, May 1, 1828. 

To James Hamilton, Jr. Esq. &c. 

Sir : I have received your letter under date this day, 
stating that " it having been ascertained that the late 
Daniel P. Cook, late a Representative in Congress, from 
the State of Illinois, received a sum of money from the 
Government, during the Spring or Summer of the last 
year, for certain services supposed to have been either 
foreign or diplomatic, you are instructed, by the Com- 
mittee on Retrenchment, to request me to inform you 
where they are to look for the auditing of the sum, said 
to have been received by Mr. Cook, and if not audited 
in the usual course, what was its amount." 

Without admitting or denying the correctness of the 
information which the Committee are stated to have re- 
ceived, 1 have the honor to observe thai Jf am not aware 
of the disbursement of any money through the agency 
of this Department, the account of which, has not been, 
or in a regular' course of settlement is not to be, audited 
in the usual way at the Treasury, or passed upon a certi- 
ficate of the President, in conf6vmity._with the provisions 
of the 3d section of the afct'o? tttgTst May, 1810, en- 
titled " An act fixing the Compensation gf public Minis- 
ters, and Consuls residing on the coast of IJarbary, and for 
other purposes." I cannot presume that it was the in- 
tention of the Committee to inquire into any disburse- 
ment which may have been made agreeably to that sec- 
tion ; and all others are accessible to them, in like man- 
ner with other expenditures. I have, however, the au- 
thority of the President for Baying that I will make tc 



16 

Committee a confidential communication in relation to the 
expenditure to which they are supposed to allude, if they 
will signify their desire for such a communication. In 
that case, I should be glad to learn their pleasure as soon 
as convenient, as I purpose leaving the city, on the fourth 
instant, a few days, on account of the state of my health. 
I have the honor to be, 

With great respect, 

Your obedient servant, 

H. CLAY. 

Why not receive and communicate this confidentially 
to the House ? Every statesman must perceive at once 
the indecorum of giving it to the House in any other 
manner than confidential. What ! place on our ordinary 
journal, publish in our papers, and send to Europe that 
the friendship of General Vives, the Intendant General of 
Cuba had induced him confidentially to communicate to 
the Agent of our Government, concerning the disposi- 
tion of Spain to sell, and of England to buy the colonial 
sovereignty of that Island ? A confidential communica- 
tion would not do. A plain, honest, and full statement 
of facts was not wanted. The magnanimous gentleman 
from New York wished to strike a blow at the President 
and Secretary ; he chose to do it by mining ; and if, in 
his subterranean course, he should dig into the grave of 
Daniel P. Cook, how could he doubt that the exigen- 
cies of the public service would justify this violation of 
the sanctuary of the tomb ? He chose to follow the trail 
of an informer, who had so little confidence in this inqui- 
sition, that he would not "commit" even his own foul 
name to the gentleman's safe keeping. Mr. Cook, it 
was known, was in very delicate health, and was about 
to visit Cuba for the benefit of the climate. In the ex- 
amination of the witnesses, the whole labor of the gen- 
tleman was directed to prove that the state of his health 
would not permit his doing any public service, and that 
if he received any compensation, he must have received 
it for nothing. The gentleman was discomfited by the 
result ; for it came out in evidence, that feeble as was his 
healthj he had performed all that was required of him. 
His compensation was not ascertained ; but it is probable, 
say the committee, that he received more than $ 1,000 ; 
and this is set down by the magnanimity ot the gentle- 
man as an act of u Executive favoritism, or flagrant 
abuse." 

Compare this service and expenditure with the Mission, 
and Minister, and appropriation, now under debate. Mr., 
Cook was in delicate health ; but that served to place birr. 



17 

3tbov£ suspicion of any sinister purpose In visiting; Cuba. 
His acquaintance with General Vives while in this coun- 
try, the known integrity and obvious simplicity of his 
character, the amenity of his manners, and even his deli- 
cate health, all combined, must have placed him at once, 
in relations of entire confidence and frank intercourse with 
the Intendant, and enabled him to obtain speedily from 
that Governor all which it was proper for him to commu- 
nicate, or for our Executive to know. Let the gentle- 
man taunt us for a want of magnanimity. Let the nation 
judge between us. 

The next case in this record to which I ask your atten- 
tion, is that of John H. Pleasants. The House will have 
a full knowledge of this case from two letters, the first 
from Mr. Pleasants to Mr. Clay, the second from Mr. Clay 
to the Committee of Retrenchment. 

Mr. Pleasants to Mr. Clay. 

Livehpool, 7th July, 1825. 
My Dear Sir : If you are surprised at the date of my 
letter, I am scarcely less surprised at the circumstance 
myself. To be in England at all is what I never expect- 
ed. To be here when I expected to have been in Buenos 
Ayres, seems rather the effect of enchantment, than of 
ordinary causation. It remains, sir, for me to account for 
this apparent dereliction of duty ; and I cannot but hope 
that a plain statement of the circumstances which chang- 
ed my destination, will exculpate me from any blame in 
your eyes, solicitous as I am to preserve that good opin- 
ion which procured for me the charge conferred by the 
Department of State. 

After many ineffectual attempts to secure an earlier 
passage, in which I was baffled by the diminished inter- 
course between the United States and the provinces of 
South America, which lie beyond the Spanish Main, I 
succeeded in procuring a passage in the brig William 
Tell, which sailed from New York on the 28th May for 
the River Plate. This vessel was not such a one as I 
should have selected, had I had my choice. Being sim- 
ply a merchant ship, it was destitute of comfortable ac- 
commodation ; nevertheless, becoming impatient for ac- 
tion, and foreseeing that, if I neglected that opportunitv, 
I might meet with no other, I availed myself of it, and 
sailed, as stated, on the 28th May. I speedily had cause 
to regret my precipitation in choosing such a ship. The 
cabin, not 15 feet square, was destined to accommodate, 
in a voyage which would occupy from 60 to 90 days, 25 
passengers. * * * When the horrors of sea-sickness 

2* 



18 

were superadded to the other painful circumstances at- 
tending my situation, my sufferings became greater than 
I can describe. Deprived of every comfort, with not ten 
feet square for exercise, a pestilential air, and most offen- 
sive smell pervading every part of the ship : and even 
without the most common medicines, I assure you, sir, 
that death would have been no unwelcome visitor. I was 
seized with a high fever, and in ten days reduced, in my 
own opinion, and in that of those around me, to the brink 
of the grave. At this time, we spoke an American ship 
from New York, bound to Antwerp : the Captain, who 
was likewise ill, was bearing for Fayal, in the Azores^ 
and, by great persuasion, was induced to take me on 
board, in a miserable condition. Two days after this re- 
moval, my new Captain recovered his indisposition, and 
resumed his course for Antwerp. Having no inclination 
to visit Holland, 1 determined to avail myself of the next 
ship that we might speak, and return to the United 
States, or go to England. From the time that I boarded 
the vessel in which I then was, I had begun slowly to re- 
cover, from the superior comforts of its accommodations. 
On the 20th of June, we spoke the brig Olive, from New 
York, to this port, and the Captain consenting to receive 
me, I arrived in Liverpool on the 1st instant, having been 
at sea 33 days. The despatches which were entrusted 
to my care, I forwarded to Mr. Forbes* in charge of Cap- 
tain Hinman, of the William Tell, to whom he was con- 
signed ; stating the reasons of my not bearing them in 
person, and requesting him to forward those for Mr. Ra- 
guet, at Rio. If the William Tell goes safely, the des- 
patches will safely reach their destination. 

These, sir, are the circumstances whifh have brought 
me to England, and I hope that they are such as to ex- 
cuse my abandonment of my charge. As I am here, I have 
determined to devote a few weeks to the purpose of see- 
ing the country, after which I shall have the pleasure of 
giving you, in person, a more detailed account of my 
voyage. 

With high respect, your obedient servant, 

JNO. H. PLEASANTS. 

Extract of a letter from Mr. Clay to Mr. Hamilton, Chair- 
man of the Committee of Retrenchment. 

■« It was not believed that the visitation of Providence 
with which he was afflicted, ought to deprive him of all 
allowance for expenses, and all compensation for services ; 
but it was not thought right that the per diem should be 
continued during the whole period of his absence from 



It 

home, and until his return to New York, on the 22d Oc- 
tober, 1825. It was therefore limited to the 22d August, 
1825, that being tbn time when it was estimated he might 
have returned to the United States, if, after abandoning 
the voyage to South America, he had sought an oppor- 
tunity of coming home, instead of proceeding to Europe. 
It was within the discretion of the Department to have 
compensated him as the bearer of despatches from Mr. 
King ; but it was not deemed proper to make him any 
allowance for that service." 

Were these explanations satisfactory ? What did the 
Committee say then ? These are their words : 

"Amidst the numerous appointments of messengers 
made by the present Administration, they will select the 
account of J. H. Pleasants, editor of the Richmond Whig, 
because that case, in their estimation, presents the most 
flagrant example of abuse." 

** Either his despatches were or were not of import- 
ance : if they were of importance, like a soldier on post, 
no consideration should have induced him to have desert- 
ed them : if they were of no higher importance than to 
have rendered it safe that they should be confided to the 
captain of an ordinary merchant vessel, then they should 
have gone through this channel, and Mr. Pleasants ought 
not to have been appointed." 

Sir, Daniel P. Cook was pursued by the gentleman, 
because he was dead ; John H. Pleasants was in like 
manner pursued, because he was alive. 

The case of Mr. Brooks is another on this record. He 
was a Clerk in the office of the Treasury.^ Grown old and 
becoming enfeebled, his fellow clerks, with a generosity 
of purpose peculiar to themselves, performed his duties 
in the hours of recess, or by extra labor, and permitted 
this aged and destitute man to receive one half of the 
salary. This instance of redoubled diligence and chari- 
table provision for a superannuated fellow-laborer in 
these generous men, is set down in the gentleman's diary 
of abuses, and tlie Executive is censured, because this 
aged man, with his family, was not thrown out to perish 
in the streets. 

The case of Anthony Morris is another. He is a clerk 
in the Register's office. Mr. Morris is an old man, is one 
of those few veterans of the Revolution and old Congress 
now alive, who by their employment and memory connect 
the present with the past Government. He is a literary 
man, the only one, says Mr. Michael Nourse, in the office. 
What of that ? In consideration of his advanced age, in- 
firm health, and that of his daughter, he might be absent 



20 

from the service three months In the year— one month 
more than the ordinary allowance to all the clerks. 

This case, sir, is by the magnanimity of the gentle- 
man, marked down among the instances of gross Execu- 
tive abuse. What can the gentleman reply to these ex- 
ploits of his magnanimity ? 

I leave it to the nation to compare Rufus King with 
John Randolph ; and the Mission of one to England with 
that of the other to Russia. Let them also compare the 
recess of Mr. Brown, Minister to France, after years of 
service, and fafter sending home his resignation, let them 
I say run the parallel between this recess of Mr. Brown 
for a few days to the South of France, or the Lake of 
Geneva, and the Hegira of John Randolph, after a ten 
days visit, from St. Petersburgh to some place, no one can 
tell where, in England. The people will do justice in all 
these cases. 

The Gentleman from New York has thrown his ponde 
rosity into the scale of panegyric, thereby to render the 
weight of eulogy on the Russian Minister>overwhelming 
— scrap iron increases the weight not the value of gold. 
He does admit some sort of talent in speaking, to the par- 
liamentary rivals of himself in eloquence — to Lowndes, 
to Clay, and to Webster. Cicero took his family name 
from a bean on some part of his face; and doubtless 
many a coxcomb has believed himself to be an orator,be- 
cause, like Cicero, he had a wart on his nose. Some- 
body has said that " Man, of all the animal creation alone, 
is endowed with vanity." Who ever saw the Cock Spar- 
row measuring his wing in flight with the Falcon ? I be- 
lieve there are gentlemen in this House who could give 
us good reasons why the eloquence of the Orator of Roan- 
oke is so well recollected by the gentleman from New 
York. No worker on the Roanoke plantation has better 
reasons to remember the eloquence of the overseer. 
Much as that eccentric man loved his joke and his sarcasm, 
he loved his fame more ; and he would have spared the 
lash on that occasion, could he have suspected it might 
bring him into the poor condition of enduring praise at 
the hands of the gentleman from New York. Such re- 
venge for such a cause, is said to be peculiar to that gen- 
tleman, and one species of one other race among us. 

Has the gentleman so long been a mere adjective to 
the Secretary of State, that he thinks it slanderous to 
associate the name of that Politician with any other acci- 
dent? Children, in these scientific times, who have ad- 
vanced somewhat into the mysteries of chemistry do, af- 
ter beating up soap and water together in a basin, amuse 



21 

themselves with a clean pipe in blowing up bubbles and 
sending them off from the bowl inflated and glittering, 
to sail away a moment, and then burst and vanish into 
their original nothingness. For aught I know the Secre- 
tary may be amusing himself by the same innocent experi- 
ment. Who would interrupt the sentimental harmony of 
political friendship! For all which he is distinguished, the 
character of the Secretary is fixed ; it cannot be elevated 
by any labors of the protege — it cannot be lowered by 
the efforts of others. God forbid that I should throw a 
straw in the way of any man's advancement. Their 
friends are daily carrying and laying at the gate of 
the Treasury, those who have every thing to recom- 
mend them except the piety and good works of the beg- 
gar in the parable ; and who, all alike, desire to be 
fed from the crumbs which fall from the tables of those 
feasting within. ** Hope deferred/' we find, does "not 
make every heart sick." Gentlemen, doubtless, have 
assurances that each political Lazarus shall be served in 
his turn. The next basket of broken meat brought out 
may be sent to New York, and amply satisfy the appe- 
tite, sharpened by a two years want of it. 

The gentleman accuses me of a departure from the 
question to bring into the debate our late treaty with the 
Sublime Porte. Sir, every thing rendering our Russian 
relations important, comes into any question concerning 
them. Do not our new relations with the great Europe- 
an rival of Russia demonstrate more strongly our need of 
an efficient mission at the Court of St.Petersburgh ? The 
Secretary has told us in the Message, that the Black Sea 
has been opened to us by our treaty with the Sublime 
Porte. The gentleman does know full well, that the 
swords of our brave Russian friends notjoirly hewed their 
way through the Balkan down to the plains of Adriano- 
ple ; but that by the treaty of that city they, for all pur- 
poses of navigation, widened the Bosphorus to a breadth 
equal to the Hellespont, and thereby united the Euxine 
with the Egean, Levant, whole Mediterranean, the At- 
lantic, and all other seas and oceans. What may our Rus- 
sian imperial friend say to us for receiving from the Turk 
as a boon, to say nothing of our promise in return, what 
his valor, blood, and treasure had conquered for us and 
all nations ? Omitting, therefore, the secret article, does 
not the opening the Euxine, either by the Russian power 
or by the Turkish treaty, mightily enhance the impor- 
tance of this question, and call imperatively on the Ex- 
ecutive for an efficient mission at the Court of St. Peters- 
burgh } If the gentleman cannot perceive this,he is less a 



22 

statesman than he would seem to be ; and even much less 
such, if that were possible, than others have esteemed him. 

But I drew my facts from unprincipled partisans, and 
newspaper rumour! I said so before — I drew part of the 
truth from the Secretary — the treaty. The other part, 
the secret article, from the newspaper. 

Sir, it has been the labor of the Secretary's -life to esta- 
blish newspapers, entitled to no credit; and to discredit 
all others. He has founded a school, and is at the head 
of it. In that school, the great axiom is, " every thing 
is fair in politics;" and to him are not politics every thing? 
Let him go on to improve the condition of the Press. Let 
him extinguish the light of truth wherever he can extend 
the finger of power. Let him do one thing more — aided 
by his minions, no matter where — let him persuade the 
people, that the honest, the independent papers of this 
country, are vehicles of falsehood, and mere rumor; let 
them be, as they have been, on this floor % branded as 
false, foul, and dirty,- and let the member who quotes 
from their pages the history and impress of the times, 
be reproached as a blockhead, a blackguard, a slanderer 
— and what more could the Secretary of State desire, 
which he would not be sure to obtain? Sir,such a consum- 
mation would have saved to Charles the throne of France; 
and to the patriots of that country, their revolution. 

I did quote for the secret article, in the Turkish Trea- 
ty, from the newspaper: dares the gentleman question 
the truth of the quotation? Had I drawn a bow with a 
more advised aim, could the pigeon on the pole have 
fluttered more manifestly? The gentleman has, notwith- 
standing all these assertions, accused me of drawing my 
facts from a perjured Senator. Has it come to this? Was 
it found necessary not to commit our first" treaty wkh the 
Great Disciple of Mahomet to the Christian Senators of 
the United States, until their lips were sealed by the so- 
lemnities of an oath ? It is a new formula in the execu- 
tive department of the Senate; and "will appear by the 
published journals of that body to Have had no place in 
their proceeding until the present session. When a treaty 
in 1795 was published by a senator^against aa injunction 
of that body, who accused him of perjury ? The gentle- 
man whose mission is now under consideration, did, on 
this floor, pronounce a studied eulogium on Stephens 
Thompson Mason, the senator who published that treaty. 
Would he eulogize perjury? Sir, the secret article wa3 
published before the treaty was announced to the House, 
or sent to the Senate. The correspondence on the West 
India question was published in the same manner. Has 



23 

the Secretary of State adopted this method, and put out 
his feelers, to take the national pulse? 

I do not ask what warranted, but who authorized or in- 
structed, or encouraged the gentleman to connect per- 
jury with that venerated word which designates the mem- 
bers of a National Council, the most dignified and honor- 
able on earth ? 

How could I shun insult, when such men are reviled ? 
I do not ask by what statesman or gentleman, but by 
what apology for a man ? In what other assembly on earth 
has "the hoary head" been used as a term of reproach ? 
Has the gentleman passed so far beyond the vigour, and 
bloorn,& modesty of juvenescence, that he has forgotten, 
the amiable instinct of our nature which warns our youth 
to pay in advance that consideration to age which it may 
come to desire for itself ? Though grey hairs ha. e been 
held in respect by barbarians in all countries, and by even 
the most profligate and unmannered in all ages, yet, know- 
ing him (ab ovo ad plumas) I am not disappointed in tho 
language or demeanor of the gentleman from New York. 
Men, better than I am, have been reviled in their age 
by men no better than he is. Washington was called a 
" hoary headed incendiary," by a vagabond of almost un- 
paralleled mendacity and impudence. The *• bald headV 
is, I assure the gentleman, no joke; though he seems to 
be original in using it as such. This inconvenience, or 
if you please, imperfection, has been suffered by some 
very great men; but quite rarely, if ever, has it been ex- 
perienced by any very little ones. Caesar is said to have 
been more grateful to the Roman People for granting 
him the right to wear the laurel crown than for any oth- 
er of their gifts; because the wearing it enabled him to 
conceal the exterior baldness of his head. If it be true, 
as Shakespear tells us it is, that what nature has scanted 
men in wit, she has made up to them in hair, then the 
gentleman I believe, should he win a laurel crown* 
would never like Caesar have occasion to wear it, for any 
lack of that commodity. 

Who reviled the prophet, returning from the blazing 
translation of his master, with a countenance bright with 
the glories of opening Heaven and wrapt in the mantle of 
Elijah — who, sir, reviled the prophet for his " bald 
head?" Profligate young men, boys, children as they are 
called; the scum and sweepings of the city, and as we 
find by the historian, fit only for food for those animals 
which are fed on offal. 

The gentleman is equally out in his ornithology, as in 
every thing else. The bird of Jove, not the vulture, is 



£4 

that soaring wonder, by men called the "Bald Eagle;" 
and, sir, never was that " soaring eagle, in jhis pride of 
place, hawked at, and brought down by the mousing 

owl." 

i Sir, ray remarks have been excursive, but I have tra- 
velled over no ground where some one of the gentlemen 
had not placed himself before me. If these gentlemen 
are out of the field, and I do not see them in force, on any 
point of the argument, I will return to the questions made 
by us under our motion. 

[At this period of his Speech, Mr. Bubgis gave way to 
a motion for adjournment.] 



..-■ 



<0n Monday, February /, 
xin. btjrges continued his remarks. 



I ask the House to inquire, whether the salary to be 
provided, under our law, by this appropriation, can be 
due for an illegal and void mission ? Ambassadors and 
other public ministers, though they may be appointed by 
any sovereign community ,'yet,being officers sustained and 
sent abroad by the laws of nations only, must be appoint- 
ed and commissioned in conformity to those laws. The 
power of every nation is confined to its own territory ; 
and, therefore, no officer of one nation can, as such, pass 
into the territory of any other, and there exercise any 
official functions whatever. Nations being moral persons, 
like individuals, have established certain laws for their 
own mutual intercourse. Under these laws the offices of 
Heralds, Legates, Ambassadors, Envoys, and other pub- 
lic ministers, have been created, and by them are the 
■powers, rights, and immunities of all such officers go- 
verned. Our Executive can, therefore, create public 
Ministers ; but it must be seen that the foundation of their 
power to do so is laid down in the Laws of Nations. 
(Vat. Book iv. ch. 5, § 56-7.) 

" Every sovereign state, then, has a right to send and 

* receive public ministers ; they are the necessary instru- 
' ments in affairs which sovereigns have among themselves, 
'and to that correspondence which they have a right of 
' carrying on. In the first chapter of this work may be 
' seen what we mean by sovereigns and independent states 

* which constitute the great society of nations. These 
'are the powers which belong to the right of embassy, 
' and an unequal alliance or treaty of protection does not 

* take away this right." 

Our law providing salaries for public Ministers and 
Consuls, and the Constitution, by vesting the power 
of appointing them in the President and Senate, has 
3 



26 

neither created nor recognized any new power in the 
United States, not incident to them in common with all 
other nations ; nor can any authority be drawn from this 
law, or the Constitution itself, to appoint public Ministers 
or Consuls, other than such only as are known, acknow- 
ledged, and established by the great code of laws go- 
verning the intercourse of all civilized nations. Our 
Executive can, therefore, neither give powers to Consuls 
or public Ministers, nor send them abroad for purposes 
unknown to those laws. 

Should the President and Senate appoint, and send 
into foreign countries Consuls, as France once did, with 
admiralty powers on questions of capture under the laws 
of war, would these be Consuls under our Constitution, 
unless they were such under the laws and usages of na- 
tions ? In like manner, if the Executive create missions, 
and appoint Ministers to go into the territories of other 
nations, there to hear and decide controversies arising 
among American citizens, or to try and punish crimes 
mutually committed by such citizens against each other, 
could we be called upon, under our law or Constitution.for 
appropriations to pay their outfits and salaries? Why not ? 
Because the laws of'nations has established no such Con- 
sulate, no such Mission, no such Minister ; and no nation 
can create a new embassy, or one unknown to the laws of 
nations. 

A Sovereignty may send abroad Ambassadors, Envoys, 
or resident Ministers. It may also send Envoys Ex- 
traordinary and Ministers Plenipotentiary ; a grade of di- 
plomatic functionaries comprehending the especial officers 
of the Envoy and the resident Minister. These ministers, 
however, must be sent for seme specific purpose, which 
must be in its nature public and national, and they must 
be addressed, and carry credentials of their appointment 
and character, to some designated sovereign. Sovereigns 
can accredit and receive resident ministers ; but will it be 
pretended that they can accredit and receive NON-RESI- 
DENT MINISTERS ; such as, when so accredited and 
received by the Government of one nation, are THERE- 
BY authorized and empowered to reside as ministers to 
that nation in the territories of any other ! The act of ac- 
crediting and receiving public ministers is one of the 
highest acts of sovereignty. Under the confederation it 
was done in Congress assembled. By the Constitution, 
this august attribute of sovereignty is conferred on the 
President. In all the governments of the old world this 
act of sovereignty is, I believe, in like manner, performed 



37 

by the Chief Magistrate of the nation. Although the 
whole sovereignty of a nation be, in accrediting and re- 
ceiving a pubiic minister, put in requisition by the Po- 
tentate who performs this great state ceremonial, yet the 
legal effects of this act of sovereignty must be limited by 
whatsoever limits all the acts of each and every sovereign- 
ty. The Legislative, Judicial, and Executive powers of 
every nation are limited by the territory of such nation ; 
and/therefore, every exercise of any of those powers 
must, in their operations, be confined to the territory of 
the nation exercising them. The august act of sovereign- 
ty, therefore, by which a public minister is accredited 
and received by the Executive Potentate of any nation, 
like the laws and judicial decisions of that nation, can 
have no efficiency, no legal existence, otherwise than as 
a mere matter of fact, beyond the territorial limits of 
that nation. Whenever, therefore, any sovereignty does 
accredit and receive a Resident Minister, such Minister 
receives thereby no powers which are not, like the pow- 
ers of that sovereignty itself, limited, and confined to the 
national territory. For the Executive power of one na- 
tion to accredit and receive a Minister, as a resident mi- 
nister at its own Court, and in its own territory, and, at 
the same time, to authorize and empower such Minister, 
thereby ', to reside at any other court, or in any other coun- 
try, would be nothing short of direct usurpation in the 
Executive doing it : for, to accredit and receive a public 
Minister, is one of the highest exercises of sovereignty, 
and, therefore, whenever the Executive of one nation 
does accredit and receive a Minister, to reside in the ter- 
ritory of another nation, such Executive does exercise 
one of the highest acts of sovereignty over that nation 
This would be usurpation. 

Before gentlemen contend, that this power of accre- 
diting and receiving non resident Ministers belongs to 
sovereignties, they must shew some warrant for it from 
the laws of nations. Do they contend, that the right of 
embassy is derived from the law of nature, and not 
from the convention and agreement of nations ; and that, 
therefore, one sovereign might, by the laws of nature, 
receive Ambassadors from another, and by endorsing their 
credentials, authorize them to pass into the territories of 
any other nations ? It is admitted that Heralds, Envoys, 
and Ambassadors were sent, and received, and respected, 
between armies and armies, nations and nations, by virtue 
of the law of nature, I presume ; for this was certainly 
done both in Asia and Europe, before any such code as 
the law of nations existed in the world. These Ministers 



28 

derived their powers, and protection, from the necessity 
of the case, and were compelled to go right forward on 
the errand for which they were sent ; and when that was 
finished, to return in the most direct route. These prin- 
ciples, as the historian of Cortez tells us, were found by 
the Spaniards to exist in Mexico. For the Envoys, sent 
by him to Montezuma, were protected while they kept 
directly on their journey, and in the highway ; but if 
they left that path, they forfeited all protection. Even 
these necessary messengers of war, or peace, of con- 
gratulation, or alliance, between sovereignties, could re- 
ceive no powers, either from those who sent them, or 
from those to whom they were sent, to sojourn for any 
purpose in any other country ; nor were they permitted 
to tarry, either in the place where their business was to 
be done, after that was finished, or to loiter on their way 
home. This power of non residence, therefore, was 
wholly unknown to the intercourse of nations, derived 
from the laws of nature. 

Resident Ministers do not derive their powers from the 
laws of nature. For surely that could never require any 
community to permit the citizens of any other communi- 
ty, to come and reside in their territory, unless they be- 
come subjected to their laws and jurisdiction. Accord- 
ingly, we find such Ministers were unknown in Europe, 
until the 16th century. Ward, in that part of his history 
and foundation of the law of nations, which relates to 
the 16th and 17th centuries, says : 

" Within this period, among the States of Europe, began 
that remarkable and characteristic custom, of entertaining Or- 
dinary or Resident Embassies at one another's Courts : an in- 
stitution peculiar to themselves, and particularly evincive of 
those many distinctions which there are between their Law ot 
Nations, and that of other sets of people." 

' { Ambassadors in Ordinary have been attributed by some 
to Ferdinand the Catholic, whose policy led him to enteriaiu 
them at various courts, as a kind of honorable spies : by others, 
with no small probability, to an imitation of the Pope, who had 
long been in the habit ot' sending Nuntios to reside at various 
courts in the service of religion. But, whatever was their ori- 
gin, the Jurists seem to agree that they are not of natural rights 
and, however universal they may since have grown, doubts, 
about the period before us, were apparently entertained of 
their utility. Henry IV. of France, while King of Navarre, 
entertained none at other Courts ; and Henry VII. ' that wise 
and politique King,' says Lord Coke, ' would not in all his time 
suffer Leiger, [residence of] Ambassadours of any foreign Kings, 
or Prince, within his realm, nor he with them ; but upon occa- 
sion used Ambassadours." So late as 1 660, a member ot the Po- 
lish Diet* asserted, that the Ambassador of France had ua 



29 

use of residence there, and that as he did not return home, 
according to the custom of Ambassadors, he ought to be con- 
sidered as a spy. Two years afterwards, the Deputies propoi' 
ed very warmly to send home all Ambassadors whatsoever, 
and to make a law regulating the time of their stay ; and even 
the Dutch, who, one would imagine, had greater reason than 
the Polish nobles for encouraging an intercourse with foreign- 
ers, debated in 1651, how far this sort of embassy was of any 
advantage to them. The greater part of nations, however, 
have now admitted their necessity ; and though at the com- 
mencement of the period before us, men had affixed no pre- 
cise ideas to what was considered as a novelty, and even now 
the admission of these embassies cannot be demanded as a mat- 
ter of law, yet the custom is so general, and they are consider- 
ed as so much of course, that the friendship of States can hard- 
ly be maintained without them. Not to send them therefore 
has been sometimes regarded as an affront." 

The right to send, and the power to accredit and re- 
ceive resident Ministersat any Court, being- matter of con- 
vention and agreement among 1 nations, it will be found 
that all the causes which have conspired to produce that 
agreement, do unite in excluding the very idea of accre- 
diting and receiving- non resident Ministers. Nay, sir, so 
unwilling have nations been to enter into any agreement, 
that one sovereignty shall have power to accredit and re- 
ceive Ministers to RESIDE in the territory of any other, 
that they have not yet agreed to protect Ambassadors, 
while passing through their territories in going to, or re- 
turning from the place of their mission. Ward, and the 
authorities quoted by him, notwithstanding Vattel is of 
a different opinion, do establish this doctrine. 

" I cannot quit this interesting and remarkable subject with- 
out observing, that the privileges in question have been car- 
ried by some to an extent even greater than that which we 
have been examining. In the treatise of Vattel, we find the 
following positions : That although the sovereigu to whom an 
Ambassador is addressed, is particularly called upon to pro- 
tect him in his privileges ; yet that the same duty extends to 
other sovereigns to whom he is not addressed, but through 
whose country he is obliged to pass for the purposes of his mis- 
sion. To insult him, says Vattel, is to affront his master and 
his whole nation ; to arrest him, or to offer violence to his per- 
son, is to wound the rights of embassies which belong to everv 
sovereign. 

" This doctrine arises out of some considerations upon the 
oaseofRincon and Fregoze, Ambassadors of Francis I. of 
France, the one to the Porte, the other to Venice. These Mi- 
nisters passing down the Po in their passage, and being sus- 
pected of bearing dispatches prejudicial to the interests of the 
Emperor Charles V. were set upon and murdered, apparently 
by the orders of the Governor of Milan. But the Emperor. 

s* 



so 

although at that time at peace with Francis, appears noi t& 
have been inclined to punish the authors of the murder. Upoi> 
this transaction, Valtel observes, that it was an atrocious at- 
tempt against the Law of Nations ; that Francis had not only 
a very just cause for war against the Emperor, but also to de- 
mand the assistance of all other nations in its support. For it 
was an affai'-, not of two individuals, who each of them suppos- 
ed they had right on their side j but of all States whatsoever, 
who were interested in maintaining the rights of Embassy. 

"It perhaps does not fall exactly within the scope of this 
treatise, to examine whether this opinion is really law as it is 
received at present. But we may venture to observe, that in 
this position, Vattel stands sole. At least all the authors on the 
Law of Nations who have preceded him, after discussing the 
point at length, have come to a conclusion directly the reverse 
of his ; and that which they have concluded, is supported by a 
great variety of cases, b@th of an ancient and a recent date. 
Thus Albericus Gentilis, upon this very case of Rincon and 
Fregoze, observes merely e Probrosum id Carolo fuisset.' Sed 
alia Questio est, adds Bynkershoek, de jure Legationis, alia de 
jure honestati3. Grotius, who followed Gentilis, after having 
given his opinions at length upon the inviolability of Ambassa- 
dors, says expressly, that it is only to be understood to be 
binding on those sovereigns to whom they are sent, ' Non per- 
tinet ergo hsec Lex ad eos per quorum fines, non accepta ve- 
nia, transeunt legati.' It is true, the non accepta venia, may 
be made by some to amount to an inviolability, provided they 
have passports. But it may be fairly questioned, whether the 
possession of a passport itself, can eonfer any thing more, than 
the common protection to which common aliens have a right. 
Bynkershoek at least, without taking notice cf passports at all, 
understands Grotius to mean, generally, that the privilege in 
question shall not have place in countries to which Ambassa- 
dors are not addressed. Of this opinion also, were Zouch, 
Wicquefort, who has been deemed the very champion of the 
rights of Ambassadors, and who decides that the case of Rin- 
con and Fregoze, though an atrocious murder, was not a vio- 
lation of the Law of Nations, as to Embassies ; Huber, and 
lastly, Bynkershoek, who had particular occasion te examine 
the point, but a short time before Vattel. The subject came be- 
fore the latter in considering the meaning of the passage, which 
formed part of a declaration of the States General in favor of 
the inviolability of Ambassadors j and the difficulty was, to 
know whether the word ' Passerende, ' was applicable to Am- 
bassadors to other powers, passing through Holland, or con- 
fined simply to those addressed to the States, coming, residing, 
and passing away, or retiring. To solve this difficulty, he in- 
quired into the opinions of the jurists concerning the point in 
discussion, and determined that it applied solely to Ambassa- 
dors who were addressed to the Statet." 

"Selim II. in the 16th century, being at peace with Venice, 
but meditating war, sent a Minister to the King of France tc 
know his sentiments of it. He endeavored to passthtougf 



SI 

Venice, but was arrested, and the French Ambassador thtf£, 
and the King himself, claimed his liberty as addressed to them. 
But they were forced to yield to the arguments of the Repub' 
lie ; ' that a sovereign power need not recognise a public Mi- 
nister as such, unless it is to him that his credentials are ad- 
dressed." 

" In 1572, Elisabeth, of England, having reason to be jea- 
lous of the machinations of the French in Scotland, arrested all 
Frenchmen passing through the kingdom to that country with- 
out passport. Among these was Du Croc, the French Ambas- 
sador to Scotland, and his Court complained loudly of this as 
a violation of the Law of Nations. But Walsingh*m, the Se- 
cretary, pleaded, that it was Du Croc's own fault for not tak- 
ing a passport, he might justly be detained, and with this plea 
the French were content, notwithstanding his quality of Am- 
bassador." 

Sir, what is the mission invented in this case by Mr. Se- 
cretary Van Buren ; and what the diplomatic character 
of the Minister now under consideration ? This gentle- 
man was, by order of the Executive, carried out from 
Norfolk to Russia in a national ship, with every circum* 
stance of high respect, and at a cost of not less than 
$ 40,000 for his passage. He arrived at St. Petersburgh ,- 
was presented to his Imperial Majesty the Emperor of 
Russia ; exhibited his credentials ; was accredited as En- 
voy Extraordinary and Minister Plenipotentiary of the 
United States at that Court ; retired and took his depar- 
ture from the Russian territories, all in the short space of 
ten days. It is contended by gentlemen, who support 
this appropriation, that he is our Minister. If so, he must 
be our Minister non resident at the Court of Petersburgh ; 
For it is too much to say, that stopping 10 days at that 
city, would make him,in legal acceptation, resident there, 
but that six months residence in England will not render 
him legally a non resident at Petersburgh. If, then, he 
can be our Minister at all, he must be our non resident 
Minister. He has been sent to St. Petersburgh, to be 
accredited there by his Imperial Majesty ; and by force 
of being thus accredited, we are gravely told by the Se- 
cretary of State, that he has acquired the rights, and 
powers of a Minister of the United States, wherever he 
may choose to reside. Sir, will nations admit this kind of 
non resident, this migratory mission, this diplomatic gos- 
sipping ? This doctrine of " non locality," so essential in 
the Secretary's constitutional creed, to the existence of a 
national road, he will find does not belong to the charac- 
ter of a resident public Minister, and really has no place 
among nations, out of the Cabinet, so adroitly conducted 
bv himself. 



If gentlemen still contend that Mr. Randolph ia otif 
Envoy Extraordinary, and Minister Plenipotentiary NON 
RESIDENT at the Court of St. Petersburg^ they must 
contend, that wheresoever x he does reside, he is still vested 
with the high diplomatic qualities and attributes, which? 
by the laws of nations, belong to such a public Minister. 
What are these ? They are comprehended in two very 
expressive words 5 personal inviolability. Not only are 
his person and effects exempted from all legal diligence, 
but whoever shall treat him with insult, or disrespect, is 
liable to be punished. A public Minister cannot be sued 
for a contract, or a trespass ? he cannot be prosecuted for 
a felony. If he commit homicide, with every circum- 
stance of malice, or conspire with traitors to overthrow 
the Government to which he is sent, he can neither be 
punished nor prosecuted, nor even questioned, concern- 
ing these crimes. Vattel asserts : 

" The necessity and right of embassies being established, 
(See Chap. V. of this book) the perfect security, the inviola- 
bility of Ambassadors, and other Ministers is a certain conse- 
quence of it ; for if their person be not defended from vio- 
lence of every kind, the right of embassies becomes preca- 
rious, and success very uncertain. A right to the end is a right 
to the necessary means. Embassies then being of such greal 
importance in the universal society of nations, and so necessary 
to their common well being, the person of Ministers charged 
with this embassy is to be sacred and inviolable among all na- 
tions (See Book II. § 218.) Whoever offers any violence to an 
Ambassador, or any other public Minister, not only injures 
the sovereign whom this Minister represents, but he also hurts 
the common safely and well being of nations ; he becomes 
guilty of an atrocious crime towards the whole world." 

This doctrine is further confirmed : 

" In fine, if an Ambassador could be iudicted for common 
trespasses, be criminally prosecuted, taken into custody, pun- 
ished ; if he might be sued in civil cases, the consequence will 
often be, that he will want the power, leisure, or freedom of 
mind, which his master's affairs require. How will the dignity 
of the representation be supported in sach a subjection ? From 
all these reasons it is impossible to conceive, that the Prince, in 
sending an Ambassador, or any other Minister, intends to sub- 
mit him to the authority of a Foreign Power. This is a fresh 
reason, which fixes the independency of a public Minister. If it 
cannot be reasonably presumed that his master means to sub- 
mit him to the authority of a sovereign, to whom he is sent, 
this sovereign, in receiving the Minister, consents to admit him 
on the footing of independency. And thus rhere subsists be- 
tween the two Princes a passive convention, giving a new force 
to the natural obligation." 



In 1567, Leslie, Bishop of Ross, came to the Court of 
Elizabeth, as Ambassador of Mary, Queen of Scots, who 
was then detained a prisoner by her royal cousin. This 
man, in taking care of the concerns of Mary, conspired 
with certain English noblemen to depose Elizabeth, and 
place Mary on the throne of England. The plot was dis- 
covered. The Duke of Norfolk and others were executed 
for treason ; but, tho' Elizabeth dared afterwards to steep 
her hands in the blood of her royal captive, and thereby 
to violate all other laws, human and divine, she dared not 
violate the laws of nations, by punishing the Ambassador 
of the unfortunate Queen of Scotland. In 1584, Mendo- 
za, the Spanish Ambassador in England, conspired to de- 
throne the Queen, by introducing foreign troops into the 
country. This conspiracy being discovered, the Court of 
Elizabeth took the opinions, as Ward tells us, of the ce- 
lebrated Albericus Gentilis, then in England, and of 
Hottoman in France,another great civilianjconcerning the 
manner of proceeding against Mendoza. " They both, 
asserted that an Ambassador, though a conspirator, could 
not be put to death ; but must be remanded to his prin- 
cipal for punishment. In consequence of this, Mendoza 
was simply ordered to depart the realm ,- and a commis- 
sion sent to Spain to prefer a complaint against him." 

Three years afterwards, L'Aubaspine, the French Am- 
bassador, in his devotion to Mary, conspired not only to 
dethrone, but to assassinate Elizabeth. He actually hired 
a ruffian, from Newgate, to perform this deed of atrocity. 
Some disagreement concerning the means to be used in- 
duced delay in the execution, and led to a discovery. — 
When the Ambassador was called upon for examination, 
he replied, "I will hear no accusation to the prejudice 
of the privileges of ambassadors ;" and, though Lord 
Burleigh reproached him for his turpitude, yet the Eng- 
lish Court never thought of trying him for treason."— 
Ward 314-15. 

Sir, such are the high and distinguishing attributes and 
characteristics of "ambassadors and other public minis- 
ters," under the laws of nations. These immunities and 
privileges belong to Mr. Randolph, if he be the Envoy 
Extraordinary and Minister Plenipotentiary of the United 
States, resident at the Court of his Imperial Majesty the 
Emperor of Russia, or in any part of his territory. We 
know, however, that he is non-resident there ; and are 
we prepared to say, that, if he acquired these immuni, 
tiee by his visit to that court, and his being accredited 
there, he now carries them with him wherever he may 
snake it his pleasure to sojourn ? If he be a public minU- 



34 

fery he has these immunities ; if he be without them, then,, 
is he no public minister. What lawyer in this House, or 
nation, or indeed in the civilized world, would pledge hi* 
character upon the allegation that John Randolph might,, 
like the Bishop of Ross, Mendoza, and L'Aubaspine, 
join a conspiracy to dethrone and assassinate the sover- 
eign of England ; and, like them, when questioned for 
the treason, allege his immunities as public minister, and 
refuse to "hear any accusation to the prejudice of the 
privileges of ambassadors ?" Sir, the absurdity is too 
enormous to be entertained by any man of sane mind and 
ordinary understanding. If, then, he have not these im- 
munities, he is not a public minister of the United States f 
and it is a mockery of the nation to call on their Represen- 
tatives to appropriate money for the payment of his salary. 

We are not to suppose that a public minister, because 
he is exempted from legal process in the country to 
which he is sent, is, therefore, not amenable to any laws 
whatever, for any part of his conduct. He is not within 
the legal jurisdiction of the country where he is accredit- 
ed, although at the capital and court of the sovereign, 
and protected by his whole civil and military power -, but 
he carries with him the jurisdiction of his own country 5 
and it is because he is, by force of the laws of nations, 
within the jurisdiction of his own country, that he cannot 
be within that of the country where he is accredited and 
received as a public minister. Those who travel the ocean 
in your fleets of ships and vessels, either the mercantile 
or naval, though their " home seems to be on the deep,** 
yet, by force of law, are they within the body of the 
country, and district of our country, from which they de- 
parted on the voyage, or to which they may return, when 
that is finished. Their contracts or tresspasses, or crimes, 
though done on the deep sea, in the most distant ocean t 
yet are within the legal jurisdiction of their country. In 
like manner, your public ministers, to whatever court you 
send them, and wherever they are accredited, carry with 
them, and are there surrounded by, the jurisdiction of the 
United States. The highest officer of justice in the 
country, where they are received, when he steps over the 
threshold of their house, becomes, as in the District of 
Columbia, an ordinary citizen ; and the imperial state 
warrant in his pocket is whitened into blank paper, and 
can no more be executed by him there on a public minister,, 
than if he stood on this floor with the same warrant in his 
hand, he could, by virtue of it, arrest me or you, Mr 
Speaker. 

I have not spoken without authorities on this subject 
Ward tells us, page 297: 



S5 

"' An Ambassador neither knows, nor submits to the Jaws 
nf the country to which he is scntj he goes not on his own ac- 
count, on private business, or private pleasure; but as the re- 
presentative of another; as the presentation of the dignity, pri- 
vileges, power, and rights which others would enjoy, had they 
continued within their own precincts. And thus, by consent, 
and a sense of mutual advantage, he is allowed to represent 
and personify, if I may so call it, all these high privileges in 
the very bosom of another community, for the sake of transact- 
ing better the whole business, of the world." 

Vattel says, page 548 : 

f* But it is not on account of the sacredness of their person 
that ambassadors cannot be sued; it is because they do not de- 
pend on the jurisdiction of the country whither they are sent ; 
and the solid reasons for this independency may be seen above 
(92.) Let us here add, that it is entirely proper, and even ne- 
cessary, that an ambassador should not be liable to any juridical 
prosecution, even for a civil cause, that he may not be disturb- 
ed in the exercise of his functions." 

He further tells us, page 554: 

"The independency of the ambassador would be very im- 
perfect, and his security weakly founded, did not the house in 
which he lives enjoy an entire exemption, so as to be inaccessi- 
ble to the ordinary officers of justice. The ambassador might 
be disturbed under a thousand pretences: his secrets might be 
discovered by searching his papers, and his person exposed to 
insults. Thus all the reasons which establish his indjpendence 
and inviolability, concur likewise to secure the freedom of his 
house.'"' 

This independence and exemption from foreign juris- 
diction belongs to the public functionary, not to the man; 
is given for the public, and not for his own benefit ; and, 
therefore, cannot be laid aside, even so far as to become 
a party in a suit, while he continues to be a minister, with- 
out the consent of his master. To this effect, Vattel 
says, page 549: 

"But if the ambassador will partly recede from his inde- 
pendency, and subject himself in civil affairs to the jurisdiction 
of the country, he unquestionably may, provided it be done 
with his master's consent. But without :>uch a consent the 
ambassador has no right to wave privileges in which the digni- 
ty and service of his sovereign are concerned; which are found- 
ed on the master's rights, and made for his advantage, and not 
for that of the minister." 

Has Mr. Randolph carried the jurisdiction of the Unit- 
ed States with him into England ; and does that jurisdic- 
tion now surround him as it does each one of us, and ex- 
clude from his person, his effects, and his house, all Eng- 
lish jurisdiction ? The case of the Russian Ambassador 
in England is in point. It happened m the time of Queen 



56 

Anne, 1707. The Russian Ambassador at her Court watf 
arrested in the street for debt, taken out of his coach, and 
carried by the tipstaff to a common spunging house, and 
detained there until he was bailed by the Earl of Fever- 
sham. By the laws of England, these proceedings against 
the Ambassador were void, but no adequate punishment 
had been by law provided for such offenders. Ward tells 
us on this subject, page 299-300-301, that on this occa- 
sion the statute 7 Ann. c. 12, was enacted ; that 

11 The preamble, however, having merely observed, that the 
Muscovite Ambassador had been taken out of his coach by 
violence, in contempt of the protection granted by her Majes- 
ty, without taking notice of the breach of the Law of Nations, 
"'which is superior and antecedent to all municipal laws j" the 
foreign ministers in London met again together, and procured 
the addition of these words, c Contrary to the law of nations, 
and in prejudice of the rights and privileges which Ambassa- 
dors, and otherpublic Ministers, authorized and received as 
such, have at all times been thereby possessed of, and which 
ou°ht to be kept sacred and inviolable.' With this act of Par- 
liament elegantly engrossed, and an apology for not being able 
to punish the persons of those who had affronted his Minister, 
the Czar, who had first insisted upon their deaths, was at length 
induced to be content ; and thus ended this delicate affair." 

Should Mr. Randolph, like the Russian Minister at the 
Court of Queen Anne, be arrested for debt, and carried 
to a spunging house for lack of bail, could he claim pro- 
tection as an Envoy Extraordinary and Minister Plenipo- 
tentiary of the United States ? Sir, that statute was pro- 
vided for those "ministers who were authorized and 
received as such," not in other countries, but in Eng- 
land. This gentleman can take no protection under it. 
He has abandoned the jurisdiction of the United States 
for that of England, the high immunities and labors of a 
public minister, for the comforts and retirement of a pri- 
vate gentleman, in some farm house, or inconsiderable inn 
in the county of Suffolk. The American arms and ensign 
he has either never placed over the door, or he has or- 
dered them pulled down, and thrown into the garret. — 
Who can point out the place to the American citizen 
where the American Envoy Extraordinary and Minister 
Plenipotentiary, non-resident at Russia, may now be 
found ? Will gentlemen further contend, that by some 
new fictioh of diplomatic law he is still our Minister, and 
that we are bound, in behalf of the nation, to make this 
appropriation for his salary? *\ 

There is another view of this part of the question, which 
truth and justice do not permit me to pass by in silence. 
Let the admission be made, for the purpose of the argu- 



$7 

Went-, that such a minister may, by the laws of nations, 
be accredited and received by a foreign power. If so, he 
must have been nominated and appointed as a minister of 
that character. Any sovereign State may send abroad, 
and have received, several different kinds of public min- 
isters. The first in rank is the Ambassador. He is not 
only a mandatory, as all others are. but he is also the Re- 
presentative of the sovereignty which sends him ; and in 
the presencejof the sovereign receiving, he stands, as one 
king does in the presence of another, without uncovering 
his head. The Envoy is another grade of minister ; and 
is charged with the doing of some particular act, which, 
when he has finished, he returns home. Resident Minis- 
ters are in rank below Envoys, and are charged with such 
relations of their Qfcvernments where they reside, as re- 
quire the constant attention of some mandatory or agent 
for their care and supervision. The Envoy Extraordinary 
and Minister Plenipotentiary is a high mandatory, em- 
powered to do whatever may be done by any other minis- 
ter, except the representation of the sovereignty, which 
has sent him abroad. He is inferior in rank to none but 
the Ambassador. Commissioners are sent out on special 
agencies, and are received and accredited as ministers of 
an inferior grade. The Charge d'Affaires is accredited 
as such ; and takes the duties though not the rank of Re- 
sident Minister. 

If, sir, in addition to all these, foreign courts could ac- 
credit and receive non resident Ministers, or such as might 
reside, either at such courts, or wherever else they might 
choose, and continue to be Ministers wherever they might 
go or reside; then is it not manifest that they must have 
been designated as Ministers of this character, both in their 
appointment and in their commission ? The nomination 
made by the President to the Senate, rs the foundation 
of the mission ; and it must fully set forth the name of 
the man to be sent, the place to which he is to be sent, 
the purpose for which he is sent, and the ministerial cha- 
racter of him who is to be sent. Without all these, how 
can the Senate advise and consent to his appointment ? 
Accordingly we find that the President made this nomi- 
nation with all these distinguishing characteristics. 

44 Tuesday, May 25, 1830. — The following message was re- 
ceived from the President of ihe United Stales, by Mr. Donel- 
son, his Secretary : 

" To the Senate of the United States : Gentlemen : I nomi- 
nate John Randolph, of Roanoke, Virginia, to be Envoy Extra- 
ordinary and Minister Plenipotentiary of the United States at 
the Court of his Imperial Majesty, the Emperor of Russia, in 
the place of Henry Middleton, of South Carolina, recalled." 



Q 



s 



Was this man nominated to be Minister AT the Court 
of his Imperial Majesty, the Emperor of Russia, and 
ELSEWHERE ? No, sir, it was at, in place of Mr. Mid- 
dleton ; and a^that place only. If, therefore, a non resi- 
dent minister could, by the laws of nations, be sent 
abroad, or could have been advised and consented to by 
the Senate, Mr. Randolph could not have been so sent, 
for he was not so nominated. Did the Senate advise or 
consent to this gentleman's appointment to any other 
ministerial office than that to which he was nominated ? 
Let the record answer : 

"The Senate proceeded toconsider the message nominating 
John Randolph to office ; and 

" Resolved, That ihey do advise and consent to the appoint- 
ment of John Randolph, agreeably to hiMomination." 

If the President shall, by and with the advice and con- 
sent of the Senate, appoint public ministers, then the ap- 
pointment of this man could not differ from the nomina- 
tion made by the President, and the advice and consent 
thereupon had and given by the Senate. If, then, he 
might have been accredited and received at the Court of 
his Imperial Majesty, the Emperor of Russia, as a non re- 
sident minister, he could not have been so sent, for he 
was not so appointed. 

After this gentleman had been nominated, confirmed, 
and appointed Envoy Extraordinary and Minister Pleni- 
potentiary at the Court of his Imperial Majesty the Em- 
peror of Russia, could his commission differ from his ap- 
pointment ? Could the Secretary of State, from this re- 
cord, make out and deliver to him a commission as Em- 
bassador, and thus send this peculiar gentleman to the most 
splendid Court in Europe, to represent the entire sove- 
reignty of these United States ; an office of honor and 
high dignity which has never hitherto been, by this Go- 
vernment, conferred on any of those talented and highly 
accomplished statesmen, who, as public Ministers, have 
gone abroad from this country ? If by the laws of na- 
tions, a non-resident Minister could be received by a fo- 
reign Power, could this gentleman under this appoint- 
ment, receive the commission, and enjoy the immunities 
of such a Minister ? Appointed Minister at the Russian 
Court, could he, honestly, and according to the record, 
have been commissioned at that Court and elsewhere ? I 
beg leave to read the formula in like cases, (1 Vol. Lym.) 
addressed by the Secretary of State to the appointed 
Minister. " Sir, v\ ith this letter (among other things) 
you will receive, lst,a commission as EnvoyExtraordinary 
and Minister Plenipotentiary. 2. A letter of credence to 



39 

the King. 3. A passport for yourself and family." 
Has tlie Secretary given him such a commission ? Be- 
yond question, he has given it. This is not all! He tells 
us in the message, under the name of the President, that 
he has also given him a commission at the Court of his 
Imperial Majesty, and elsewhere. If this he true, and 
Mr, Randolph is now travelling or sojourning under it, 
he has abandoned the appointment made by the Presi- 
dent, under advisement of the Senate -, and has ceased 
to be Minister of the United States at that Court ; and, 
if he be a Minister at all, he is a Minister elsewhere ,- and 
as such, is literally the Envoy Extraordinary and Minis- 
ter Plenipotentiary of the Secretary, not of the Presi- 
dent, and Senate, or of the nation. 

The same difficulties must have attended this mission 
at the Russian Court. The credentials given to Mr. 
Randolph, must shew his ministerial character ,• and in 
that character alonecould he have been received by the 
Emperor. So we are told by Vattel, p. 523 — 

• Among the several characters established by cus- 
' torn, it is in the sovereign's choice with which he will 
■* invest his minister ; and the character of the minister is 

* made known in the credentials which he delivers to 
' the sovereign to whom he is sent. Letters of credence 

* are the instruments which authorize and establish the 

* minister in his character with the prince to whom they 
4 are addressed. If this prince receives the minister, he 

* can receive him only in the quality attributed to him 
' in his credentials, They are as it were his general 

* letter of attorney, his mandate patent, mandatum ma- 
£ nifeslum*' 

Had this gentleman two sets of credentials, two com- 
missions, and did he exhibit them both to the Emperor ? 
Did he, in fact, tell his Majesty, " Your summer is too 
hot ; your winter will be too cold. The fur which has 
warmed a bear, may warm a Russian monarch, but it can 
never warm me. My constitution is worn out in the pub- 
lic service. I shall be sick — I am sick. I must reside else- 
where, any where, in England, in France ; in a more ge- 
nial climate than that of your majesty's capital." It is 
too much to be supposed, even of Mr. Randolph. He 
presented his AT credentials and commission. His 
ELSEWHERE credentials and commission were retain- 
ed for use when he should arrive, 1 know, .not where, but 
certainly elsewhere. 

Sir, our law has been evaded ; the Constitution has 
been evaded ; the laws of nations have been evaded . 



40 

the President, the Senate, and our imperial Friend, fravsr 
been deceived ; and the Minister himself, suffering him- 
self to be made a party to this imposition) has fallen into 
the devices of the Secretary ; has been by him got out of 
the country on a mission, illegal, void, and nugatory g 
and is now, the deplorable dupe of State artifice? cruising 
about Europe, like some contraband trader, under a dou- 
ble commission, and with two sets- of papers. 

Will it be contended by the supporters of this appro- 
priation, that this gentlemen will, after months of recess 
from the public service at the Russian Court, return 
thither, and by years of efficient labor, efface all memo- 
ry of this interval of idleness and neglect ? What cause, 
sir, have we to believe he will ever return to St. Peters- 
burgh ? Observe what has the Secretary told us in the 
Message : If, as it is to be hoped, the improvement of his 
health should be such as to justify him in doing so, he 
will repair to St. Petersburgh, and resume the discharge 
of his official duties." This does not affirm that he will 
return ; it affirms that " it is to be hopedhe may be well 
enough to do so." According to the Message, a want of 
health took him away from that Court. Different rea- 
sons were given for those facts, by the official papers. 
By the Richmond Official the summer heat compelled his 
departure ; by the Official in this City, the approaching; 
cold of the then coming winter drove him to seek a more 
genial climate. In Russia summer is said to burst from 
the frozen bosom of winter, like a sheet of flame from 
Mount Hecla ; and to spread its warming, blazing, burn- 
ing influence at once over the whole region. At times, 
so intense is the temperature, that the pine forests take 
fire from the heat of the atmosphere. I have read a 
Russian traveller, who says vegetation is s&rapid, that, on 
a soil thawed not more than one foot deep, the ground is 
plowed, the wheat sown, grown,, ripened and harvested 
in six weeks. Winter comes on the country as summer 
came, extinguishing at ones the heat of the air and earthy 
by throwing down and spreading out one vast sheet of 
snow, from Cronstadt to Kamtschatka. The genial and 
joyous airs of Spring, the sober and gladsome sunshines 
and shades of Autumn, known under the Italian skies of 
Virginia, have never visited, and never can visit a Russian 
climate. Unless, therefore, this gentleman can visit Rus- 
sia in Summer, when he has been compelled to leave it ; 
or in Winter, when he dares not approach it, he cannot 
return again to St. Petersburgh. What reason had the 
Secretary for the hopes, expressed in the Message, that 
ihe renovated health of Mr. Randolph^ might induce htm 



41 

to return > Permit me to quote from one of his speech- 
es, delivered on this floor little more than two years ago. 
' Sir, what can the country do for me ? As for power. 

* what charm can it have for one like me ? If power 
' had been my object, I must have been less sagacious 
' than my worst enemies have represented me to be, if 
' I had not obtained it. * * * * 
' Was it office ? What, sir, to drudge in your laborato- 
' ries in the Departments, or be at the tail of your corps 

* diplomatic in Europe? (Exiled to Siberia.) Alas! 

* sir, in my condition, cQpunof cold water would be more 

* acceptable. What can tTC country give me that I do 
' not possess in the confidence of such constituents as 

* no man ever had before ? T can retire to my old pa- 
' trimonial trees, where 1 may see the sun rise and set 
' in peace. * * I shall retire upon my 
4 resources — I will go back to the bosom of my consti- 
tuents. * * And shall I gi\e up 

* them and this ? And for what ? For the heartless 

* amusements and vapid pleasures and tarnished honors 

* of this abode of splendid misery, of shabby splendor ? 

* for a clerkship in the War Office, or a FOREIGN 
' MISSION, to dance attendance abroad instead of at 
'home — or even for a Department itself? Sir, thirty 
' years make sad changes in man. * * 

1 I feel that I hang to existence by a single hair — that the 
' sword of Damocles is suspended over me." 

Will this gentleman, think you, return to Russia, hang- 
ing to existence by a single hair ? Will he travel from 
region to region of Europe,*with this sword of Damocles 
dangling over his head by a tie, equally attenuated ? Ne- 
ver, sir, never; and if he never do return, as he most 
certainly never will, when does his mission end, if it did 
not end when he left the Russian Court } If this mission 
ever had a legal beginning, when, or by what acts may it 
be ended? Vattel has told us, page 559, that all missions 
end: first^when the Minister is recalled; second, when he 
is dismissed ; third, when he has finished the business on 
which he was sent ; and fourth, in a word, whenever he 
is obliged to go away, on any account whatever, his func- 
tions cease. By the laws of nations, which we cannot 
control, his mission was at an end when "he went away" 
from the Court and country, to which he was appointed 
and sent ; and neither the mandate of the Secretary, nor 
Congressional enactment, can continue him a Minister 
one rnoment after he has, by the laws of nations, ceased to 
be one. Can we then appropriate money for the salary 
of such a minister ! Not unless we make ourselves par- 

4* 



42 

lies to this imposition ; and, rn the name of the natCioify 
guarantee this fraudulent diplomacy. 

Gentlemen may place this salary on the ground of a 
quantum: meruit, and tell us Mr. Randolph is entitled to 
receive it, and we are bound to make the appropriation, 
because he has performed services at Russia for which he 
deserves to have this compensation. WJiat services was 
it intended he should perform \ what in fact did he per- 
form ; what, in so short a time, could he perform ? We 
are told by the honorable Chairman of the Committee on 
Foieign Relations, (Mr. Archer,) and no man ever 
doubts his candour and corre&ness, that Mr. Randolph 
did not perform what he was sent out to do. However 
meritorious that might be when done, he surely does not 
deserve any compensation for not doing it. How did thi& 
gentlemen represent, when presented at that Court, the 
form and body of our national character, by his appear- 
ance, his manners, conversation, and intercourse with the 
Imperial Family, the Court, and Foreign Ministers, then 
and there representing the various sovereignties of Eu- 
rope and Asia ? I could give the history of this ten days,, 
this, which will, in our Russian Diplomacy, be called the 
time of Randolph ,- I could give it from the most authen- 
tic testimonials - 7 not from rumour, but from the voice of 
honorable intelligent men, who, being there : at the time, 
have since returned to this country, and from letters 
with which the Russian correspondence of our Atlantic 
cities has been crowded. All these speak but one lan- 
guage, express but one feeling — the irrepressible feeling 
of wounded and mortified patriotism. All these, instead of 
finding merit in this man's diplomatic achievements, look 
on themwith unutterable anguish; and have no consolation 
under the gibes and jeerings^of foreign Nations, but the 
memory o{ the past, when the dignified character of our 
Republic was represented in Europe by Franklin, Jay, 
Adams, Livingston, Jefferson, and Pinkney. Nothing, 
sir, but national pride has withholden this narrative from 
the ear of the world ; for who would give a tongue to 
obloquy against his own country ? I will, in silence, pass 
over the doings of this gentleman's ten days of diploma- 
cy ; nor would I have alluded to them, did "not his friends 
draw on these very doings as a fund of merit, entitling 
him to this compensation. The doings of ten days! 
What, sir, could he do in that time ? Why, in that tim< 
the discipline of the Russian taylor could scarcely havf 
reduced the rigid outline, of this man into the exterior o 
diplomacy. He performed services, for his country i 
that brief period ! C«sar, with tha Eagle wing of pu= 



43 

Wit, and the Lion strength of conquest, overrun Bythi- 
nia, and subdued the son of the great Mithridates in a 
few weeks. This conqueror might, in the confidence of 
friendship, venture, with poetic license, to write to his as* 
sociate at Rome, "veni, vidi, vici." Should our Russian 
Envoy write the history of his ten days, he might, with- 
out poetry, place all, for which he can have any claim on 
his country, in as few, and almost the same words ; vent, 
vidi, abivi, would fill up the whole quantum meruit of his 
Mission ■ 

If it be contended, that this gentleman is entitled to a 
pro rata compensation for the time spent in going to Rus- 
sia, and while there, as freight is apportioned and paid, 
when a cargo is, by casualty, transported a part only of 
the voyage, I am ready to agree, that this alone is the 
ground on which any thing whatever can be claimed. 
This however, will fail, if the Mission be, in its inception, 
contra jus gentium,- and therefore'void. If there be any 
part of this Mission sound and legal ; if this gentleman 
has believedhe was, in good faith, in the public service, in 
the name of justice let him be paid for all that time, 
although nothing was effected beneficial to the Nation. 
On this ground I am ready to support, though I cannot 
move to make any modification of the motion under con- 
sideration. 

Last of all, I come to inquire, whether this salary can 
be due, because this mission, and the conduct of the Mi- 
nister under it, may be especially beneficial to the Secre- 
tary of State, Was this gentleman appointed with any 
view, or expectation that he could render diplomatic 
services at the Court of Russia ? Surely not. For in 
the first place the performance of such services requir- 
ed his residence at the Russian Court. This is evident 
from the nature of those services, as may be seen from 
reading the ordinary instructions to all resident Ministers ; 
Lyman's Diplomacy, vol. 1, page 15, 16, 17 : 

* Among the most important general duties of a Minis- 

* ter of the United States in foreign countries, is that of 
' transmitting to his government accurate information of 

* the policy and views of the government to which he 
' is accredited, and of the character and vicissitudes of 
' its important relations with other European powers. 
' To acquire this information, and particularly to discri- 
' minate between that which is authentic, and that which 
' is spurious, requires steady and impartial observation, a 
' free though cautious correspondence with the other 

* Ministers of the United States abroad, and friendly, so- 
' cial relations with the members of the diplomatic body 
' at the same court. 



i 



I 



« 



44 

*In your correspondence with this Department, be- 
sides the current general and particular politics of the 

* country, where you are to reside, you will be mindful, 
' so far as you may find it convenient, to collect and trans- 

* mit information of every kind, relating to the govern- 
' ment, finances, commerce, arts, sciences and condition 
1 of the nation, which is not already known, and may he 
' made useful to our own country. Books of travels, con- 
« taining statistical, or other information of political oar 
' portance, historical works, not before in circulation, 
c authentic maps, published by authority of the State, or 
' distinguished by extraordinary reputation, and publica- 

* tions of new and useful discoveries — will always be ac- 
« ceptable acquisitions to this Department.' 

* Among the ordinary functions of an American Mi- 

* nister in Europe, is that of giving passports to citizens 
« of the United States, who apply for them. They some* 

* times receive applications for such passports from the 
« subjects of other countries ; but as these are not regu- 
' larly valid, they should be granted only under special 

circumstances, as may sometimes occur in the case of 

foreigners, coming to the United States.' 
Do not these labors require residence at the Court of 

us Imperial Majesty ? Look into the published Diplo- 
matic correspondence of our former Ministers. What 
treasures of information ! What monuments of ability, 
labour and diligence ! 

This gentleman could not reside at the Russian capital 
Neither his health, his constitution, his age, nor the cli- 
mate, would permit such residence. As well might the 
Secretary have plucked up one of his patrimonial oaks, 
and transplanted it on the banks of the Neva, with any 
expectation that it might take root there, and live, and 
flourish in the summer heats and winter storms of Russia. 
So utterly out of the question was all expectation of 
public service from the appointment of this gentleman, 
that,although it must have been known such service could 
not be rendered without residence ,• yet he received full 
permission to leave the Court and Empire of Russia, and re- 
side wherever he might choose to reside. 

Mr. Randolph was, of all men, the last which a wise 
and judicious policy would have selected to represent 
the interests of our nation at the Russian Court. He had 
publicly expressed opinions concerning that Court and 
the Imperial family, most derogatory and degrading. Suf- 
fer me to read these opinions, from one of his speeches, 
published under his own corrections and supervisal, in 

Gales & Seaton's Register of Debates, vol. 2, part I, p. 
392-3. 



45 



"Now, sir, the gentleman from North Carolina is so 
extremely unreasonable as to wish — he will bear with 
my reproof, I hopo — as to wish to break the lineal sue* 
cession of our monarchs, and to reduce us to something 
like the barbarism of Russia, where they haven't yet 
perfected themselves in the ABC of legitimacy ; a re- 
gular indefeasible succession of tyrants ; although they 
claim the head of the Table of the Holy Alliance — where 
there is hardly one instance of the lineal heir succeeding 
to the throne without regicide and parricide, (which 
the case implies) from the time when Muscovy first be« 
came an European power — from the time of Peter Alex- 
iovitch, (or Alexiowitz, as I was taught in my youth to 
call him^ who was the slayer of his son, and who trans- 
mitted his power to Catharine, the Livonian peasant 
girl, first his strumpet, then his Chamberlain's, then an 
Empress ; whom I have heard more than once confound- 
ed with her namesake Catharine, Princess of Anhalt, 
the second of that name, who, by the murder of her 
husband, Peter 3d, usurped the throne. With some 
"variation of the mode, not of the measure," it is the 
case in this our day of Constantine Caesar-ovitch — which 
means, I believe, Fitz-Caesar — as it was with his father, 
Paul Petrovitch, and with his father Peter, the son of 
somebody — nobody knows who— who went before Paul, 
not by the same instrument ; no, sir. In the case of Pe- 
ter, the red-hot poker — the actual cauterie — supplied 
the place of the new Pahhn-tie of the twisted cravat — 
a la Pichegru — and it was only the day after the news 
arrived of the deliverance of the world from the auto- 
cracy of Alexander the Deliverer-—as well as I remem- 
ber the date — I know that it was on the 9th of Febru- 
ary — three days before the unavoidable departure of 
my colleague, that I endeavored, and, as I then thought, 
not without some show of success, to impress the Se- 
nate with the important bearing of the recent event at 
Taganrock (recent as to us) upon the new, wild, dan- 
gerous, and, as I fear, fetal policy, now, for the first 
time, if not announced, attempted to be practised upon 
by this rash and feeble Administration. Elizabeth and 
Burleigh were cautious and powerful. The Stuarts and 
the Buckinghams profligate, feeble, and rash, It was 
then that I forewarned the Senate that the red-hot poker 
ot some OrlefF the Balafre, or OrlofT, the other Favo- 
rite — (it was a regular household appointment of Ca- 
tharine la Grande somewhat irregularly filled 

occasionally — a la Cossaque.) It was on that day that 
I suggested to the Senate that the poker or the bow. 



46 

' string- of a Zuboff, or the something else of somebody 
' else — some other liussian or Russian in off— the instru- 
' ment and the mute nearest at hand in the Caprxan styes 
' of tyranny and lust — was ready to despatch this new 

* successor of the Tsahs— of the Constantines— of the 
e Byzantine Caesars. 

«« But, sir, I, the common libeller of great and good 

* men, did injustice to both these legitimates ; to St. Ni- 
' cholas and to Caesarovitch. I thought too ill of one of 

* them, and too well of the other. I thought that Com- 
' modus would " show fight." But, sir, let us not despair 

* of the Russian. In spite of Montesquieu's sneer, he 
' " can feel" for a brother, at least, even although he be 

* not flayed alive ; except now and then, under the auto- 
c cracy of the knout. He has not, indeed, yet learned 
' (t to make Revolutions with rose-water" — that is the po- 
■ litical philosopher's stone, which is yet in the womb of 

* time, to be brought forth by some modern Acccucher- 

* reformer. But he shows signs of capability that are 

* quite encouraging. He cannot, indeed, redeem his pa- 

* per, neither can the Bank of Kentucky redeem its pa«^ 

* per ? but the red-hot poker is replaced by a box of 

* sweet-meats — the bowstring by a medal hung around 

* the neck — the badge, not of death, but of idiocy and 

* cowardice. Commodus is brave no where, but in the 
' arena, with kittens, and puppy dogs, and women, for 
' his antagonists ; a veritable master Thomas Nero — see 

* Hogarth's progress of cruelty. An Ukase, backed 

< by a hobby-horse, or a medal, and a box of sweet- 
' meats ; goody goodies, as the overgrown children say, 
« is the full consideration paid, had, and received, for the 
' surrender of the autocratical crown of the largest Em- 

* pire in the world, and some say the most powerful — of 
« the proud eminence of the Umpire ot Europe. How 
« vastly amiable and sentimental ! A Ukase now does 
' what was formerly done with a red-hot poker, or a bow- 

* string ; a Ukase, with a most affectionate fraternal let- 

4 ter, a box of sweet-meats, a hobbyhorse, or a medal — 

* as we, in our barbarous slave-holding country, do some- 

5 times, hang a quarter of a dollar round a child's neck 

* to keep it in good humor.— all cooled, however, with the 
' blood of a few real adherents to legitimacy — in the per- 
« sons of the guards of the Empire, faithful among the 
' faithless — to make the charm firm and good. Would 
« the gentleman from North Carolina reduce us to worse 

< than this Russian barbarism?" 

This vulgar ribaldry was spoken by this man in open 
Senate ; the European Ministers, the Russian Minister* 



47 

were, or might have been present. The Speech, such 
as I have read it, was published in the newspapers, and 
was, doubtless, as a part of the political transactions of the 
United States, transmitted to the Emperor of Russia, by 
his Minister then in this country. After this who could 
have selected this man as an accomplished statesman, 
to represent this American Government at the Russian 
Court, with any hope or intention that he should, by his 
diplomatic services, sustain the dignity, advance the cha- 
racter, or subserve the interests of this Nation. 

Permit me to offer one other reason why this man 
could not have been appointed for any national purpose. 
The peculiarities of his mind render him incapable of any 
public diplomatic service. The mind, like the fountain, 
is known by its effusions. Let me read from one ot his 
speeches on Executive Powers, as published by him. 
(Gales & Seaton's Register, vol. 2, p. 390.) 

S Having thus, sir, disburdened myself of some of the 
♦feelings that have been excited by the gallant and fear- 
'less bearing of the gentleman from North Carolina, al- 

* low me to go on and question some of his positions. 

* One of them is the durability of the Constitution. 

* With him and with Father Paul (of the Constitution of 
4 Venice) I say ** esto pcrpetua .-" but I do not believe it 

* will be perpetual. 1 am speaking now of what Burke 
« would call high matter. I am not speaking to the 

* groundlings, to the tyros and junior apprentices ; but to 

* the grey-headed men of this nation, one of whom, I 
' bless God for it, I see is now stepping forward, as he 

* stepped forward in 1799, to save the Republic. I speak 
'of William B. Giles. I speak to grey heads; heads 
'grown grey, net in the "receipt of custom" at the 
' Treasury, of the People's money ; not to heads grown 
'grey in iniquity and intrigue -, not to heads grown grey 
« in pacing Pennsylvania avenue ; not grown grey in wear- 
'ing out their shoes at levees ; not to heads grown grey 

* (to use the words of the immortal Miss Edgeworth, the 
' glory and the champion of her lovely sex and wretched 

* country)in ploughing the Four Acres. Am I understood? 
« There is a little court, sir, of the " Castle" of Dublin 
♦called the Four Acres ; and there, backwards and for- 

* wards, do the miserable attendants and satellites of pow- 
' er walk, each waiting his turn to receive the light of the 
1 great man's countenance ; hoping the sunshine ; dread- 
ing the cloudy brow. Spenser has well described the 
'sweets of this life, and technically it is called ploughing 
' the Four Acres. Now, when a certain character, in one 
'of her incomparable novels, Sir flic — I have forgot his 



48 

* name, but he was a McSycophant courtier, placeman^ 
•pensioner, and parasite-^upbraided that kind, good 

* hearted, wrong-headed old man, King Corny, with his 
' wretched system of ploughing, the King of the Black 
♦Islands ("every inch a king") replied, that there was 
' one system of ploughing worse even than his : and that 
6 was ploughing the four Acres. This was a settler to 
8 the McSycophant.' 

Was a mind like this, fitted and provided, and regulated 
for the labours of the Statesman and great diplomatic 
Minister? Sir, when this gentleman was at the zenith of 
his intellect and in his most lucid years, Mr. Jeffersort 
had adjudged him unqualified for such services, as this 
appointment, had it been made for public purposes, call- 
ed on him to perform. 

Sir, if not for the public service, then he must have 
been appointed to preserve the machinations of the Se- 
cretary of State, and the administration carried on by him 
under the Presidential name, from the hostility of this 
ancient adversary of all former administrations. To illus- 
trate, and confirm this important, and deeply interesting 
fact, permit me to give a very brief sketch of the political 
life of this singular man. 

At the commencement of Washington's administration, 
he was a school boy. To prove this fact, and also to lay 
open the very source and fountain of his bitter hostil- 
ity to the next President, I will read a part of one of his 
speeches from Gales and Seaton's Reg. vol. 2, p. 399 — 

* Now, sir, John Quincy Adams coming into power un- 
'der these inauspicious circumstances, and with these 

* suspicious allies and connexions, has determined to be- 

* come the apostle of liberty, of universal liberty, as his 
'father was, about the time of the formation of the Con- 

* stitution, known to be the apostle of monarchy. It is 

* no secret — I was in New York when he first took his 
' seat as Vice President, I recollect— for I was a school 
4 boy at the time, attending the lobby of Congress, when 
' I ought to have been at school — I remember the man. 

* ner in which my brother was spurned by the coachman 
«of the then Vice President, for coming too near the 
*arms blazoned on the scutcheon of the Vice Regal car- 

* riage. Perhaps 1 may have some of this old animosity 

* rankling in my heart, coming from a race who are 
'known never to forsake a friend or forgive a foe.' 

From this, the waters of bitterness have flown in a 
stream, so abundantly on the second and fifth Presidents 
of the United States. To overthrow the first of these, 
this man joined himself to his great political rival. 



49 

He grew into hostility with Jefferson in a very few 
years. " For he has ever been a star without beams, ex- 
cept of a malign and blighting influence. Suffer me to 
illustrate this truth by reading from his speeches: 

"February 28th, 1806.— Mr. Clarke, of Virginia, 
' moved to postpone until the 3d of March, Mr. Ran- 

* dolph's resolution to amend the Constitution of the 

* United States, so that all the United States' Judges 

* should be removed by the President on the joint reso- 
Mution of both Houses of Congress. In reply to a re- 
' mark made by Mr. Conrad, Mr. Randolph said, * He, 

* (Mr. Conrad) belonged to a class of men which I highly 
« respect, for the plain reason that I belong to it myself. 
s He says the time is approaching when every man en- 

* gaged in agricultural pursuits must be anxious to go 

* home ; and, therefore, he does not wish at present to 
' act on the resolution I have laid on your table. True ! 

* but when men, be they agricultural, mechanical, or of 
' any other profession, undertake any business, it is their 

* duty to go through with it at every hazard. If the si- 

* tuation of affairs warranted it, I should be willing to ad- 

* journ for two or three months. But I never can agree 
' to adjourn in the present perilous state of affairs, and 

* leave the country to a blind and fortuitous destiny. I 
' must first see something like land, some foot hold, 
' something like certainty, instead of a political chaos 
« without form or body. Before I consent to go home, I 

* must see something like a safe and honorable issue to 
4 our differences with foreign powers; and I must see — I 
« hope another thing — something like an attempt to bring 
' the Constitution of tuU people back to the principles on 
' which this administration came into power." 

On Spanish affairs — 

"April 5, 1806. — Mr. Randolph moved to amend the 
' secret journal by inserting in it the message of the Fre- 
' sident of the 6th of December. In the course of his 
' speech he said, ' I found from a conversation with what 
« has been considered the head of the first Executive de- 

* partment under the Government, that France was the 

* great obstacle to the compromise of Spanish differences; 
' that France would not permit Spain to come to any ac- 

* commodation with us, because France wanted money, 
' and that we must give her money. From the moment I 
« heard that declaration, all the objections I originally 

* had to the procedure were aggravated to the highest 
' possible degree. I considered it a base prostration of 

* the national character, to excite one nation by money to 
4 bully another nation out of its property, and from that 



50 

■ moment, and to the la9t moment of my life, my confc- 

* dence in the principles of the man entertaining those 
« sentiments died, never to live again." 

Whence this hostility ? Had he become a federalist^ 
and set himself to rebuilding the fabric which, as we are 
told, he had overthrown ? Not so ; for rebuilding he had 
no genius, no taste. The cause of his opposition was 
well known in those days ; nor can any one doubt, that 
a knowledge of it has come down to the present Secretary 
of State. 

When Mr. Madison came into the Presidency, Mr.Ran- 
dolph, if not with him, was not against him. His love 
of change, or of opposition, or some private political 
grief, did, in 1811-12, bring out this statesman of Roan- 
oke in bitter hostility to this third President. The last 
war was the great distinguishing characteristic of Mr. 
Madison's administration. On the 20th of November, 
1811, the Committee of Foreign Relations reported on 
that subject ; and recommended to the consideration of 
Congress six resolutions. The first was to fill up the 
ranks of the then existing army. The second recommend' 
ed the raising of ten thousand additional troops. By the 
third, the President might receive fifty thousand volun- 
teers. The fourth gave power to the President to call 
out the militia. Ships of war were to be put in service 
by the fifth ; and the sixth authorized private vessels to 
arm in their own defence. When I say Mr. Randolph 
opposed these resolutions, I do it merely to show his hos- 
tility to the administration of Mr. Madison. I will read 
from Niles' Register, vol. 1, p. 318, a small part of one of 
his speeches on this occasion, to shew not only this hos- 
tility, but also to illustrate the contempt which he has 
ever felt for military men and measures : 

' No sooner was the report laid on the table, than the 
' vultures were flocking round their prey, the carcase of 
' a great military establishment — men of tainted reputa- 

* tion,of broken fortune (if they ever had any) and of bat- 
«tered constitutions, "choice spirits, tired of the dull pur- 
« suits of civil life" were seeking after agencies and com- 
« missions* willing to dose in gross stupidity over the pub- 
« lie fire ; to light the public candle at both ends. Honor- 
1 able men undoubtedly there were, ready to serve their 
' country, but what man of spirit or self respect, would 
' accept a commission in the present army ? r 

Sir, let me not be misunderstood. I am stating historic 
facts ; Mr. Randolph's hostility to the then administra- 
tion ; not my own opinion of that war, or of his opposition 
to it. Had I been here at the time, I might have joined 



;n that opposition ; for the Representatives from Rhode 
Island both opposed these resolutions ; nor do I recollect 
that the People of that State ever censured them for 
that opposition. We might go through the whole con- 
gressional record, and we should find Mr. Randolph, at 
all subsequent times, equally hostile to the administra- 
4 ion of Mr. Madison. 

When Mr. Monroe came into the Presidency, Mr. Ran- 
dolph was his advocate and supporter. In the last year 
(1824-5) of his administration, he had changed fronts. 
For at that time it was one of his common sayings, "Mr. 
Monroe came into power by universal consent; and he would 
go out with equal unanimity ." I will read from Gales and 
Seaton's Register, vol. 2, p. 405, what he said in the 
Senate (1826) concerning this venerated patriot states- 
man : " We (said he) altered the Constitution to guard 
against that scoundrel — I will not read the name of the 
man ; though he may have sinned, yet has he also im- 
measurably suffered — though not greater than him who, 
after the event, formed the union of honest men of all par- 
ties." Who, sir, was the man said to have united the 
honest men of all parties ? James Monroe. Such a coali- 
tion might be sure of John Randolph for an adversary- 
Was Mr. Van Buren ignorant of all these traits in the 
character of this man ? He knew them well. He knew 
mere ? he was fully aware that no person on earth could 
be more hostile to military men, than this same Mr. John 
Randolph. In confirmation of this, I will read an extract 
from one of his speeches : 

" I own a natural jealousy of military men — it grows out 
4 of love of country — it is strengthened and kept alive by 
4 the multitude of examples in history, ancient and mo- 

* dern, of the fall of Empires and the revolution of States; 

* the misery and wretchedness brought upon the human 
1 race by the ambition and pride of military men." Vide 
Speech against Gen. Wilkinson. 

" I am willing to give to every man a just and reason- 

* able reward for his public services, both in pay and gra- 
■* titude ; but the military character is so rarely satisfied 
' with any thing less than direct worship, that 1 am of 
' opinion — I always was of the opinion, we could not be 
4 too watchful of the aspiring ambition of a military com- 

* mander." — Same Speech. 

No man in the nation was more adverse to Gen. Jack- 
son's election to the Presidency than Mr. Randolph was 
in 1822. In that year, he said in his letter to the people 
of Charlotte — • The election of Gen. Jackson to the Pre- 
sidency is not to be dreaded, AS IT CAN IN NO 



52 

{ EVENT POSSIBLY OCCUR : the people of the Uni- 
' ted States have not yet become so corrupted as to choose 
' a man of military talents to govern the national councils, 
1 in opposition to the splendid talents of Mr. Crawford, or 
' indeed of any other good man in the country.' — See let- 
ter to the people of Charlotte, 1822. 

The advancement of Mr. Adams to the last Presidency,, 
awakened all his animosity against that gentleman and his 
venerated father. He, therefore, attached himself to the 
party of General Jackson, and especially to that gentle- 
man; not from esteem, respect, or friendship — not from 
his qualities as a man, a hero, or a statesman? but as the 
only instrument by which he could exclude Mr. Adams 
from a second presidential term. 

"Party, like calamity, brings men into company with 
strange bed-fellows." Mr. Randolph soon found himself 
unpleasantly lodged; and before the middle of February 
1829, he said emphatically "I do not attend the Inaugura- 
tion,- mark that, Sir/" He left the city before that event: 
but not until, as rumor, the untiring herald of distin- 
guished personages announced, that he had delivered his 
ominous prediction. What was it? Never, sir, never 
ivill the American purple again fall on the shoulders of a 
gentleman." 

I do not pretend to say, that the Secretary regarded 
this prediction as literally excluding him from the suc- 
cession; but could he quietly manage his "state affairs" 
while such a man was at Roanoke, or in Virginia, or 
even in the United States? Sooner, sir, would the 
fox creep into the farm yard in the day time, or curl him- 
self down to sleep in his lair, while he snuffed the hunts- 
man or heard the hounds in the south-west breeze of the 
morning. Did he not quiver at the mere name of this 
WARWICK, this King killer, and King maker; this John 
Randolph, who had set up Presidents, as boys set up 
nine pins, to knock them down again? Such a man, the 
Secretary knew, could not be, for he never had been 
quiet under any administration. He had not been satis- 
fied with the administration of Jefferson, of Madison, of 

Monroe; could he be suiisjied with this God only 

knows whose administration it is. 

Sir, the Secretary has waylaid, entrapt, caught, ex- 
ported, exiled, and sent this man TO PLOUGH THE 
FOUR ACRES, at a distance of 4,000 miles from his 
own patrimonial fields and trees. The great object of 
Mr. Van Buren has been to get him out of his way — to 
send him abroad. As a minister, he knew he could do 
nothing— he expected — he intended he should do no- 



53 

thing — deserve nothing — receive nothing; but the ridi- 
cule of all other nations, the pity of his own; and the 
contempt of the Secretary himself and his partisans. 

This heartless politician has, to render this tremendous 
adversary powerless at home, lured him from his inde- 
pendence, the boast and glory of his manhood, to an 
old age of foreign surveillance ; to come home soiled and 
spattered to the very eyes in treasury dirt ;to shrink into 
retirement and insignificance ; and be like Piso, return- 
ed from the inglorious administration of his Macedonian 
province. Shall we, sir, in aid of these schemes of the 
Secretary, and to put him in a condition of quiet machi- 
nation against the laws, the constitution, and the great 
interests of this nation, appropriate this money, and 
thereby legalize and sustain this measure ? I trust in 
God we shall not. Pay the man, if you please — for go- 
ing out, for coming home — send out a ship of war for 
him ; it will add, perhaps, less than $30,000 to the ex- 
penditure. Let him have his $9,000 outfit — the Presi- 
dent, it has been said, advanced it to him from his private 
purse — restore it to him ; do not suffer ourselves to be 
in debt to the Chief Magistrate of the Nation. It is all a 
bauble, a mere child's whistle, and the people will, and 
must pay dearly for this toy of their Secretary — but let us 
be rid of it, and of this "State Mission," of its memory ; 
if possible of its deep and mortifying disgrace. 

If this course be taken, our relations with Russia may 
be redeemed, restored, and placed upon a safe and ho- 
norable footing. If no one else will do it, I will move to 
go into Committee of the Whole on the State of the 
Union, for the sole purpose of moving an appropriation 
of $9,000 for an outfit, and $9,000 for a first year's salary, 
to enable the PRESIDENT to send out to Russia an ef- 
ficient Mission, and one in all respects different from 
this of the Secretary. For never, sir, since the revolu- 
tion, has there been a time, when the interests of the 
United States more urgently required a fair, honorable, 
and dignified representation in the Courts of Europe. 




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